WHAT IS THE LATE FEE PENALTY FOR NON FILING OF 9 AND 9C

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Published on 04 Feb 2020 / In GST

Q1 WHAT IS THE LAST DATE FOR FILING FORM GSTR 9 AND 9C?

AT PRESENT IT WAS 31ST JAN 2020 BUT FURTHER EXTENDED TO 3/5/7 DAYS ACCORDING TO DIFFERENT STATES

Q2 WHAT IF 9 AND 9C NOT FILED WITHIN DUE DATE PRESCRIBED?

SECTION 47(2) ATTRACTS,
PER DAY Late fees of Rs. 200 ( 100/- under CGST and 100/-under SGST)
MAX 0.25% of turnover IN THE STATE
IF RETURN NOT FILED IN SEC 44.

Q3 WHEN WOULD WE SAY RETURN FILED U/S 44(2)?

Section 44(2):Filing of GST-9C along with GSTR-9

Every registered person who is required to get his accounts audited in accordance with the provisions of sub-section (5) of section 35 shall furnish, electronically, the annual return under sub-section (1) along with a copy of the audited annual accounts and a reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year with the audited annual financial statement, and such other particulars as may be prescribed.

THOSE HAVING TUROVER EXCEEDING 2 CRORE REQUIRE TO FILE FORM 9 AND 9C BOTH.

SO, SEC 44 COMPLIANCE WILL BE MADE WHEN BOTH 9 AND 9C FILED.

Q4 ANY OTHER PENALTY CAN BE IMPOSED IF SEC 44 NOT COMPLIED?

YES, SEC 125 GENERAL PENALTY

Section 125: General Penalty
Any person, who contravenes any of the provisions of this Act or any rules made thereunder for which no penalty is separately provided for in this Act, shall be liable to a penalty which may extend to twenty-five thousand rupees.

The point to be noted is that for charging section 125, Show cause notice must be served upon the defaulter.

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