The Ministry of Finance has vide Press Release dated 30-12-2020 has inter alia intimated that the due date for filing of GST annual return viz GSTR-9 and Reconciliation Statement / Audit Certificate viz Form 9-C for FY 2019-20 has been extended to 28th February, 2021 from existing 31st December,2020 and there is no extension in due date of filing of same for FY 2018-19 and it remains as 31st December,2020.
Notification No. 95/2020- Central Tax dated 30-12-2020 for due date extension:
As per the said Notification the Central Government in exercise of the powers conferred by section 44(1) of the CGST Act, 2017 read with rule 80 of the CGST Rules, 2017, has mandated that the Commissioner, on the recommendations of the Council, hereby extends the time limit for furnishing of the annual return specified under section 44 of the said Act read with rule 80 of the
said rules, electronically through the common portal, for the financial year 2019-20 till 28.02.2021.
Requirement to file GSTR-9 / 9-C for FY 2018-19 and 2019-20 at a glance
| Aggregate Turnover | GSTR 9 | GSTR 9C |
|---|---|---|
| Up to 2 Cr | Optional * | N/A |
| More than 2Cr. – 5 Cr | Filling is mandatory | Optional for FY 2018-19** Mandatory for FY 2019-20 |
| More than 5Cr | Filling is mandatory | Filling is mandatory |
* Notification No. 47/2019 – Central Tax dated 9th October, 2019 as amended vide Notification No. 77/2020 – Central Tax dated 15-10-2020
** Amendment in Rule 80 of CGST Rules,2017 vide Notification No.16/2020 – Central Tax dated 23rd March, 2020
Accordingly GSTR-9 filing for the FY 2018-19 and 2019-20 is mandatory for taxpayers having aggregate turnover exceeding Rs 2 Crore whereas GSTR -9C for FY 2018-19 is required to be filed by taxpayers having aggregate turnover more than Rs 5 Crore. However for FY 2019-20 GSTR-9C is mandatory for taxpayers having aggregate turnover exceeding Rs 2 crore.
Late fee / penalty applicable in case of delay in filing of GSTR-9 and 9C
As per Section 47(2) of CGST Act,2017, any registered person who fails to furnish the return required under section 44 (i.e. annual return in GSTR-9) by the due date shall be liable to pay a late fee of Rs 100/- for every day during which such failure continues subject to a maximum of an amount calculated at a 0.25% of his turnover in the State or Union territory.
After adding up the similar late fee under SGST Act(s) the total late fee payable for delayed filing of GSTR-9 comes to Rs 200 per day ( Rs 100 CGST + Rs 100 SGST) subject to maximum of 0.50% (0.25% for CGST and SGST each) of turnover in the State or Union territory.
As the late fee under Section 47(2) is applicable only in respect of return i.e. GSTR-9 and not specifically for filing of GSTR-9C. Thus delayed filing of GSTR-9C will not be subject to late fee rather would be subject to the maximum penalty of Rs 25,000 under Section 125 of the CGST Act, 2017. Considering similar penalty under SGST Act, total maximum penalty would be Rs 50,000/- for delayed filing of GSTR-9C.
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Frah Saeed is a law graduate specializing in the core field of indirect taxes and is the Co-founder of taxwallah.com. She has authored many publications on GST and is into full-time consultancy on GST to big corporates. She as a part of taxwallah.com heads a team comprising of Chartered Accountants and Advocates and plays a key role in our mission to disseminate GST knowledge to all.
