GSTR-9 and GSTR-9C are critical GST compliance forms with distinct purposes. GSTR-9, filed under Section 44(1) read with Rule 80(1) of the CGST Rules, is an annual return summarizing all GST returns filed during the financial year, applicable to GST-registered persons with a turnover exceeding Rs. 2 crore. In contrast, GSTR-9C, filed under Section 44(1) read with Rule 80(3), is a reconciliation statement comparing the annual return with audited financial statements, mandatory for entities with turnover exceeding Rs. 5 crore. Both forms must be filed electronically by December 31 of the subsequent financial year, with GSTR-9C requiring annexures, including audited financial statements. Certain entities, like composition dealers, non-resident taxable persons, and input service distributors, are exempt from filing these forms. Non-compliance with GSTR-9 attracts late fees based on turnover limits, ranging from Rs. 50 to Rs. 200 per day, subject to a maximum of 0.5% of turnover, while GSTR-9C defaults can lead to a general penalty of Rs. 25,000. Understanding these provisions helps taxpayers fulfill their obligations and avoid penalties.
S. No | Basis | GSTR 9 | GSTR 9C |
1 | Name | Annual Return | Reconciliation Statement |
2 | Filing Section and Rule | Section 44(1) of the CGST Act, with Rule 80 (1) of CGST | Section 44(1) of the CGST Act, with Rule 80 (3) of CGST |
3 | Nature | consolidation of all GST returns with bifurcated summary | Reconciliation of Value of supplies, ITC and GST paid declared in Annual Return with audited financial statement |
3 | Applicability | GST Registered person Aggregate Turnover exceeding Rs. 2 Crore | GST Registered person Aggregate Turnover exceeding Rs. 5 Crore |
4 | Exemption to | I. Composition Dealers II. Casual Taxable Person (CTP) III Non-Resident Taxable Person (NRTP) IV – Input Service Distributor (ISD) V – Unique Identification Number (UIN) holders VI Online Information and Database Access Retrieval (OIDAR) Service providers VII Persons subject to TCS or TDS provisions |
|
5 | Due date of filing | By 31st December of Next FY | By 31st December of Next FY after filing GSTR 9 |
6 | Certification | Self certified | Self certified |
7 | Annexures | No Annexure | Annexures required – Audited Financial Statement |
8 | Filing mode | Electronic filing | Electronic filing |
9 | Non Filing consequences | Late fees & penalty* | No specific provision, Hence, subject to a general penalty of Rs 25,000 |
* Late fees and penalty provisions | |||
S. No | Turnover limit | Late fee per day | Maximum late fee |
a) | Up to Rs 5 crore | Rs 50 (Rs 25 each under CGST and SGST Act) | 0.04% of turnover in state/UT (0.02% each under CGST and SGST Act) |
b) | More than Rs 5 crore and less than Rs 20 crore | Rs 100 (Rs 50 each under CGST and SGST Act) | 0.04% of turnover in state/UT (0.02% each under CGST and SGST Act) |
c) | More than Rs 20 crore | Rs 200 (Rs 100 each under CGST and SGST Act) | 0.50% of turnover in state/UT (0.25% each under CGST and SGST Act) |