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GSTR 9 OF 2019 20 not filed

04 March 2024

RESPECTED EXPERTS Please GUIDE ME If A ASSESSEE has turnover of rs.2.25 cr and he has not filed his gstr9 till date and department was issued a notice of penalty of rs. 50000/-
my question is what can I do?

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6 Replies

CA Rashmi Gandhi (Chartered Accountant) (86267 Points)
Replied 05 March 2024

Either file a GSTR-9 with late fee or pay the penalty as per notice.

You may also appeal against Penalty notice if there is some powerful grounds for non submission of GSTR-9

Kishor Lulla (784 Points)
Replied 05 March 2024

I don't think there is choice of not to file return if pen is paid. lullakishor @ gmail.com

CA Rashmi Gandhi (Chartered Accountant) (86267 Points)
Replied 05 March 2024

But for a same crime no one can be penalized twice

APURBA CHATTERJEE (QUALIFIED CHARTERED ACCOUNTANT) (602 Points)
Replied 05 March 2024

Please file GSTR-9 by paying late fees or pay penalty

CA Rashmi Gandhi (Chartered Accountant) (86267 Points)
Replied 05 March 2024

But in my view if return will be filed then no penalty to be levied

Money Money (383 Points)
Replied 05 March 2024

The situation you’ve described involves the non-filing of GSTR-9 (Annual Return) by an assessee with a turnover of Rs. 2.25 crores. Let’s address this issue:

Late Filing of GSTR-9:
GSTR-9 is the annual return that summarizes the entire year’s transactions, including sales, purchases, and input tax credit.
The penalty provisions for late filing of GSTR-9 are outlined in the form itself.
Penalty Amount:
As per the penalty provisions, the daily penalty for not filing GSTR-9 within the due date is Rs. 200.
This penalty is split into Rs. 100 for State Goods and Services Tax (SGST) and Rs. 100 for Central Goods and Services Tax (CGST)1.
Maximum Limit:
The maximum limit for this daily penalty is 0.25% of the assessee’s turnover in the State or Union Territory2.
In your case, with a turnover of Rs. 2.25 crores, the maximum daily penalty would be calculated based on this turnover.
Immediate Action:
To address the situation:
File GSTR-9: The assessee should promptly file the GSTR-9 for the relevant financial year.
Pay Penalty: Along with filing the return, pay the applicable penalty for the delay.
Rectify Compliance: Ensure timely compliance to avoid further penalties.