Background:
The GST Council’s 55th meeting was held in Jaisalmer, Rajasthan, on December 21, 2024, under the chairpersonship of the Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman.
The Council has recommended for the annual returns pertaining to the period 2017-18 to 2022-23, the GST Council also recommends issuing notification under Section 128 of the CGST Act, 2017 for waiver of the amount of late fee for delayed filing of FORM GSTR-9C, which is in excess of the amount of late fee payable till the date of filing of FORM GSTR-9 for the said financial years, provided the said FORM GSTR-9C is filed on or before 31.03.2025.
Now:
The CBIC vide Notification No. 08/2025 – Central Tax dated January 23, 2025, waives the late fees under section 47 of the CGST Act, 2017 for the financial years 2017-18 or 2018-19 or 2019-20 or 2020-21 or 2021- 22 or 2022-23, for delayed filing of FORM GSTR-9C, which exceed the late fees payable up to the date of filing FORM GSTR-9. This applies to registered taxpayers required to file both FORM GSTR-9 and FORM GSTR-9C but failed to submit FORM GSTR-9C on time.
However, the waiver does not provide for any refund of late fees already paid for delayed filing of FORM GSTR-9C. This measure aims to encourage taxpayers to comply with GST return filing requirements by offering relief from excessive late fees for past delays, provided they meet the March 31, 2025, deadline.
“In exercise of the powers conferred by section 128 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Central Government, on the recommendations of the Council, hereby waives the amount of late fee referred to in section 47 of the said Act in respect of the return to be furnished under section 44 of the said Act, for the financial years 2017-18 or 2018-19 or 2019-20 or 2020-21 or 2021- 22 or 2022-23, which is in excess of the late fee payable under section 47 of the said Act upto the date of furnishing of FORM GSTR-9 for the said financial year, for the class of registered persons, who were required to furnish reconciliation statement in FORM GSTR-9C along with the annual return in FORM GSTR-9 for the said financial year but failed to furnish the same along with the said return in FORM GSTR-9, and furnish the said statement in FORM GSTR-9C, subsequently on or before the 31st March, 2025:
Provided that no refund of late fee already paid in respect of delayed furnishing of FORM GSTR-9C for the said financial years shall be available.”
The Notification can be accessed at: https://a2ztaxcorp.net/wp-content/uploads/2025/01/CBIC-N.No_.-08_2025-–-CENTRAL-TAX.pdf
