Clarification on applicability of late fee for delay in furnishing of FORM GSTR-9C

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....elay in furnishing of reconciliation statement in FORM GSTR-9C. It has been requested to clarify whether late fee under section 47 of Karnataka Goods and Services Tax Act, 2017 (hereinafter referred to as the "KGST Act") will be leviable where reconciliation statement in FORM GSTR-9C is not furnished by the registered person alongwith the annual return in FORM GSTR-9 but is filed subsequently beyond the due date of furnishing of annual return. 2. In order to ensure uniformity in the implementation of the provisions of law across the field formations, the Commissioner, in exercise of the powers conferred by section 168 of the KGST Act, hereby clarifies the issues as below. 3. Prior to 01.08.2021, sub-section (2) of section ....

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....uring a financial year exceeding five crore rupees, shall furnish a self-certified reconciliation statement as specified under section 44 of the KGST Act in FORM GSTR-9C along with the annual return in FORM GSTR-9 on or before the thirty-first day of December following the end of such financial year. 3.1 Therefore, on a combined reading of section 44 of KGST Act with rule 80 of the KGST Rules, it can be concluded that both pre and post amendment, the provisions mandated that registered persons required to furnish an annual return in FORM GSTR-9 for a financial year shall also furnish along with it, a duly certified or self-certified reconciliation statement in FORM GSTR-9C, which reconciles the value of supplies declared in FORM GS....

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....r section 44 of KGST Act cannot be said to have been furnished. 3.3 In view of the above, it is clarified that late fee under sub-section (2) of section 47 of the KGST Act, is leviable for the delay in furnishing of complete annual return under section 44 of the KGST Act, i.e. both FORM GSTR-9 and FORM GSTR-9C (where FORM GSTR9C is also required to be furnished) and the late fee shall be payable for the period from the due date of furnishing of the said annual return upto the date of furnishing of the complete annual return i.e. FORM GSTR-9 and FORM GSTR-9C. It is also to be noted that late fee is not separately leviable for delayed furnishing of FORM GSTR-9 and delayed furnishing of FORM GSTR-9C, but has to be calculated for the p....