#news The Central Board of Indirect Taxes and Customs (CBIC) has notified the recommendation of the GST council which waived off late fees payable due to late filing of GSTR-9C.As per CA. Deep Koradia, “The notification has waived off late fees for filing GSTR-9C, If a taxpayer has filed GSTR-9 on or before the deadline then late fees for GSTR-9C will not be levied now (for FY 2017-18 to 2022-23). Another situation where a taxpayer has filed GSTR-9 after the deadline but paid the late fees then GSTR-9C late fees would not be separately levied. However, in the past the GST department has issued show cause notices (SCNs) for non-payment of late fees for late filing GSTR-9C. Now after this notification a taxpayer can reply to these SCNs and request the GST proper officer to drop the case and give relief from late fees. It is pertinent to mention that if such late fees on GSTR-9C have already been paid, then refund won't be granted for the same”

Bimal Jain says, "If a GST registered person fails to use this last opportunity to file GSTR-9C return, after filing year wise GSTR 1 and GSTR 3B return with due reconciliation with GSTR 2A/ GSTR 2B , then, the department at the time of scrutiny of GST Returns, GST Audit, Inspection & Search may initiate a proceedings for any variances in outward supplies and tax payable thereon, GST Credit with its purchase with reverse charge mechanism (RCM) liabilities against that person and may also issue a show cause notice either under section 73 (non-fraud) or section 74 (fraud), as the case may be.”

Jain explains the importance of GSTR-9C. “The GSTR-9C statement acts as a base and is stated to be a self-certified reconciliation statement with annual return (GSTR 9) for the GST authorities to verify the correctness of the GST returns filed by the taxpayers after a self-certification. The department may also interpret non-filing of GSTR-9C as an intention to suppress, misstatement and fraudulent to evade taxes.”

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