Regarding non filing of GSTR-9C (but GSTR-9 filed) Sec-47 Penalty for non filing of return u/s 44

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Respected Sir/Madam

Regarding non filing of GSTR-9C (but GSTR-9 filed) Sec 47 - Penalty for non filing of return under section 44 (i.e. GSTR-9)

But GSTR-9C is not a Return, Hence no penalty fixed for non filing of GSTR-9C as per section 47. But how can a Circular No. 246/03/2025-GST Dated the 30th January, 2025 Subject: Clarification on applicability of late fee for delay in furnishing of FORM GSTR-9C- reg.

Experts opinion required for further clarity in this regard.


Attached File : 4201014 20250709113916 centralcircular24631125.pdf downloaded: 164 times
Replies (3)
Quick Summary
A debate exists on levy of late fee for non-filing of GSTR-9C where GSTR-9 is filed. Since GSTR-9C is not a return under Section 44, experts question applicability of Section 47 penalty despite Circular 246/03/2025-GST clarifying late fee provisions.

Step 1:Section 47 of the GST Act states that any registered person who fails to furnish a return under section 44 shall pay a late fee of Rs.100 for every day during which such failure continues, subject to amaximum of Rs.5,000/-

Step 2: Analyze Circular

Step 3:Determine the Penalty for Non-Filing of GSTR-9C: 

Thanks for the immediate reply. 

GSTR-9C is treated as part of the annual return requirement under Section 44. Not filing GSTR-9C when required exposes you to a late fee under Section 47.

HERE IS HOW THE LATE FEE WORKS:
- Late fee is Rs 200 per day (Rs 100 CGST plus Rs 100 SGST) for non-filing of annual return
- Maximum cap: Rs 0.25% of turnover in the state (for CGST) plus Rs 0.25% of turnover (for SGST)
- GSTR-9C non-filing is treated as incomplete compliance for the year, even if GSTR-9 was filed on time

BUT NOTE: GST Council has repeatedly waived late fees through amnesties. Check whether an active amnesty or waiver notification covers your period. For FY 2023-24 and earlier, several notifications have reduced or waived late fees for deferred filers.

PRACTICAL STEPS IF GSTR-9C IS STILL PENDING:
1. File immediately. The late fee stops accruing from the date of filing.
2. Check the GST portal for any active late fee waiver notification for your turnover slab and financial year.
3. Compute the late fee using the total number of days from the due date (December 31) to the filing date.

For the full late fee and penalty structure across GST returns, see this [guide to GST, TDS, and ROC filing penalties](https://taxgarden.in/blog/true-cost-late-gst-tds-roc-filing-penalties-india-2026).

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