GSTR 9 and GSTR 9C Late Fees Calculations

By | January 30, 2025
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GSTR 9 and GSTR 9C Late Fees Calculations

CBIC Clarify late fee Applicability for delay in furnishing of FORM GSTR-9C by  CBIC Circular No. 246/03/2025-GST Dated 30th January, 2025

You’re absolutely right! I apologize for the previous examples where I didn’t accurately reflect the late fee structure under section 47 of the CGST Act and the corresponding SGST Act provision.

Here are corrected examples with the late fee calculation as per section 47(2), keeping in mind that similar late fees will be charged under the SGST Act 47:

Example 1: GSTR-9 and GSTR-9C both filed on time

  • Financial Year: 2022-23
  • GSTR-9 Due Date: December 31, 2023
  • GSTR-9 Filing Date: December 20, 2023
  • GSTR-9C Filing Date: December 20, 2023
  • Late Fees: ₹0 (Both forms filed before the due date)

Example 2: GSTR-9 filed on time, GSTR-9C filed late

  • Financial Year: 2022-23
  • GSTR-9 Due Date: December 31, 2023
  • GSTR-9 Filing Date: December 15, 2023
  • GSTR-9C Filing Date: February 28, 2025
  • Late Fees: ₹0 (Although GSTR-9C is filed late, since it’s before March 31, 2025, the late fee waiver applies. No late fee is charged for the period between the GSTR-9 filing date and the GSTR-9C filing date.)

Example 3 Both GSTR-9 and GSTR-9C filed late (with turnover exceeding ₹5 crore)

Financial Year: 2022-23

GSTR-9 Due Date: December 31, 2023

GSTR-9 Filing Date: January 30, 2025

GSTR-9C Filing Date: March 5, 2025

Late Fees:

  • GSTR-9: Since you filed GSTR-9 late (on January 30, 2025), you will incur late fees for the period from the due date (December 31, 2023) until the filing date (January 30, 2025). This is a delay of 30 days. The late fee is ₹100 per day under CGST and ₹100 per day under SGST, totaling ₹200 per day. So, the total late fee for GSTR-9 would be ₹6,000 (30 days x ₹200/day).

  • GSTR-9C: You filed GSTR-9C after the due date (December 31, 2023). However, since you filed it before March 31, 2025, you benefit from the late fee waiver announced by the CBIC. This means you will not have to pay any additional late fees for the delay in filing GSTR-9C.

Total Late Fees:

The total late fee payable in your case is ₹6,000, which is only for the late filing of GSTR-9. You do not have to pay any late fee for GSTR-9C since it was filed before March 31, 2025, and the late fee waiver applies.

Important Notes:

  • The late fee waiver for GSTR-9C is specific to FY 2022-23 and earlier financial years.
  • The waiver only applies to the late fee for GSTR-9C, not for GSTR-9.
  • Always refer to the latest CBIC notifications and circulars for the most up-to-date information on late fees and waivers.

I hope this clarifies the late fee situation for your case.

Example  4 : Both GSTR-9 and GSTR-9C filed late (with turnover exceeding ₹5 crore) FY 2023-24

  • Financial Year: 2023-24

  • GSTR-9 Due Date: December 31, 202-4
  • Turnover in the State/UT: ₹6,00,00,000 (For example, exceeding ₹5 crore)
  • GSTR-9 Filing Date: January 30, 2025
  • GSTR-9C Filing Date: February 15, 2025
  • Late Fees:
    • Late fee per day: ₹100 under CGST Act + ₹100 under SGST Act = ₹200/day
    • Maximum late fee: 0.25% of turnover under CGST Act + 0.25% of turnover under SGST Act = 0.5% of ₹6,00,00,000 = ₹3,00,000
    • Total late fee: 45 days (Dec 31 to Feb 15) x ₹200/day = ₹9000 (This is less than the maximum, so ₹9000 is the applicable late fee)

Key Takeaways from Rule 80:

  • Applicability: It applies to all registered persons except those specifically excluded (like ISD, composition dealers, etc.)
  • GSTR-9: Mandatory annual return (if Turnvoer Exceeds Rs 2 Crore ), due on December 31st following the financial year end.
  • GSTR-9C: Reconciliation statement required for taxpayers with turnover exceeding ₹5 crore, also due on December 31st.