PENALTY ON NON FILING OF 9C IN FY 17-18

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This query is : Resolved

CHANDER KANT AZAD (Querist)

02 March 2023 THIS IS REGARDING NON-Filing of 9C FY 2017-18 annual return by me.

Some Figures:
Total Turnover for FY 17-18 was 42.414.846.42 (4.24 crores)
in this stock transfer to own branch was 22.379.236.28 (2.23 crores)

Gst Period Turnover was 26.835.263 (2.68 crores)
in this Stock transfer to own branch was 12.794.108 (1.27 crores)
therefore Nett sales to registered/unregistered/consumers was 1.41 crores.

my question :
1. was i required to file 9C Return, if yes
2. what is remedy now
3. What is the max Penalty / interest / Fine etc that can be imposed on me.
4. also is there any amnesty scheme in the current year for filing the same.

Thanks and Regards

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

10 July 2024 Regarding your queries about the non-filing of the Form 9C for FY 2017-18 under GST, here are the responses:

1. **Requirement to File 9C Return:**
- Yes, as per GST regulations, if your aggregate turnover during FY 2017-18 exceeded Rs. 2 crores, you were required to file Form GSTR-9C along with Form GSTR-9 (Annual Return).
- From your provided figures, your total turnover for FY 17-18 was 4.24 crores, which exceeds the threshold for mandatory 9C filing.

2. **Remedy Now:**
- Since the deadline for filing the GSTR-9C for FY 2017-18 has passed, you should proceed with filing it immediately to avoid further penalties and compliance issues.
- Log in to the GST portal, prepare the Form GSTR-9C based on your audited financial statements, and file it at the earliest.

3. **Penalties and Interest:**
- Penalties and interest for non-filing or late filing of GST returns are typically calculated based on the provisions of the GST law.
- The maximum penalty can be substantial, including a late fee of Rs. 200 per day of delay (Rs. 100 under CGST and Rs. 100 under SGST) up to a maximum of Rs. 5,000.
- Additionally, interest is applicable at the rate of 18% per annum on the tax amount due.

4. **Amnesty Scheme:**
- Currently, there is no specific amnesty scheme announced for filing GSTR-9C for previous years.
- However, periodically, the government may introduce schemes or provide relief measures for taxpayers in default, so it's advisable to stay updated with notifications from the GST authorities.

### Steps to Resolve:

- **File GSTR-9C Immediately:** Visit the GST portal, prepare the GSTR-9C based on your financial data, and file it without further delay.
- **Pay Applicable Penalties and Interest:** Once filed, pay any applicable late fees and interest promptly to minimize further financial implications.
- **Seek Professional Advice:** If needed, consult a GST expert or a tax advisor who can guide you through the process and ensure compliance.

Taking immediate action to file the overdue GSTR-9C and address any penalties will help mitigate potential financial repercussions and ensure compliance with GST regulations.

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