One of my client uploaded wrong balance sheet and P&L account by mistake at a time of filing GSTR 9C. After the filing, it was observed that wrong documents were uploaded. Whats the way to correct it?
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One of my client uploaded wrong balance sheet and P&L account by mistake at a time of filing GSTR 9C. After the filing, it was observed that wrong documents were uploaded. Whats the way to correct it?
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In terms of Section 44 read with Rule 80(3) of the CGST Rules, GSTR 9Ccannot be replaced after filing wrong document as there is no on line correction facility.
However your client can voluntarily submit GSTR 9Cto the jurisdictional officer with detailed explanation of factual position with reliance on the ratio of SC judgement rendered in Bharti Airtel Ltd Vs. Union of India (2021 (11) TMI 109 - SUPREME COURT) as regards to bona fide error which is curable.
Make an intimation to the jurisdictional office submitting the correct financials and mentioning that it is not possible to rectify the error online.
Section 44 (CGST Act): Governs Annual Returns; does not provide for "revised" returns.
Section 126 (CGST Act): States no penalty should be imposed for minor/clerical errors easily rectifiable and without fraudulent intent.
You cannot revise GSTR-9C on the portal once filed. The only legal remedy is to voluntarily intimate the Jurisdictional Proper Officer in writing and submit the correct physical documents to place them on record. This proves "bona fide" intent and mitigates penalty risks.
Step 1: Compile Documents
Download the wrongly uploadedGSTR-9C and attachments from the portal (as evidence of the error).
Prepare the correct Audited Balance Sheet and P&L.
Step 2: Draft Rectification Letter
Address it to the Jurisdictional Superintendent (Check REG-06 for address).
State clearly: "Inadvertent clerical error in uploading attachments to GSTR-9C for FY [Year], ARN [Number]."
Step 3: Physical Submission
Submit the letter with two annexures:
Annexure A: Wrong documents (marked "Incorrect").
Annexure B: Correct documents (marked "Correct").
Crucial: Get a "Received" stamp with Date and Inward Number on your file copy.
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