The Central Board of Indirect Taxes and Customs (CBIC) has issued Circular No. 246 dated 30.01.2025, clarifying the applicability of late fees in cases where GSTR-9 is filed without GSTR-9C.
🔎 Key Clarification
Where GSTR-9C is applicable (AATO exceeding ₹5 crores), the annual return compliance under Section 44 of the CGST Act is considered complete only when both GSTR-9 and GSTR-9C are filed.
Therefore:
• Filing only GSTR-9 without GSTR-9C is treated as failure to furnish the Annual Return under Section 44.
• Consequently, late fees will continue to accrue until GSTR-9C is filed.
⚖ Professional View
While this interpretation may be subject to legal challenge, the current position taken by the Revenue authorities was largely anticipated from the time these provisions were introduced.
📌 Practical Recommendation
In the best interest of taxpayers, it may be advisable to utilize the one-time opportunity and complete the filing on or before 31st March 2025, instead of entering into prolonged litigation.
Completing the filing within the specified time can help avoid further late fees exposure and compliance complications.
Stay compliant and act within the timeline. ✅