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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Quick Summary
This discussion addresses an assessee who failed to file their GSTR-9 annual return for the 2019-20 financial year, despite a turnover of Rs. 2.25 crores, and has received a Rs. 50,000 penalty notice. Experts advise filing the GSTR-9 with the applicable late fees, as this may negate the penalty. Alternatively, if there are strong grounds, an appeal against the penalty notice can be considered. The penalty for late filing is Rs. 200 per day, capped at 0.25% of turnover.
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.
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