Raj HC Directed to Accept GSTR 9 & 9C Filing Till 12th Feb Without Late Fee

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Supreme Court puts a stay on the order by Rajasthan HC that focused on extending the due dates for GSTR 9 and GSTR 9C filing. SC refused to interfere in the UOI vs Tax Bar Association issue and at the same time declared that late filing due to the technical issues in GSTN will invite no penalties. Solicitor General Tushar Mehta debated that further extension in the filing dates will require the complete change in the compliance software. Convinced with the statement, the SC denied any further extension (after 12 Feb 2020) in the due date for GSTR 9 and 9C filing. A simple guide to GSTR 9 (GST annual return form) online filing procedure with due dates. We attached all screenshots and divided into 19 sections. Read More

Further UOI was instructed to file the detailed reply to the High Court duly mentioning the technical issues of the GSTN server along with the proofs and let it decide the fate based on the facts and not in the influence of this ad-hoc order.

In response to a petition filed in the court, Rajasthan High Court (HC) has recently announced that GSTR 9 and GSTR 9C forms can be filed till 12th February 2020 by taxpayers without any late fee. The same has been passed on to the GST department by the Rajasthan HC. The decision has been taken by the court considering the larger number of technical glitches that are faced by taxpayers while filing GSTR 9 and 9C on the GST portal.

To prove the same, the petitioner in court has also submitted multiple screenshots related to unsuccessful attempts of the tax professionals while filing GSTR 9 and 9C on the official GST portal The government has listened to the pleas of the taxpayers and extended the due dates of Form GSTR 9 (annual return) and Form GSTR-9C (reconciliation statement) for Financial Year 2017-18 Read More. All such cases have been observed during the extended time frame for return filing by taxpayers, which has forced the court to declare that GSTN portal do not have the adequate technical capacity to handle the pending returns in the given time frame.

Also, the data submitted by the counsel of Union of India showcased that GST portal at its best can accept a maximum of 2,00,000 returns in a single day whereas the total number of pending returns till 5th February is around 30 lakhs. Considering the maximum threshold capacity of GSTN portal, the division bench of Rajasthan High Court comprising of Chief Justice Inderjit Mahanty and Justice Pushpendra Singh Bhati extended the deadline of GSTR 9 and GSTR 9C filing Get the easy guide to GSTR 9C along with complete online return filing process. GSTR 9C is a GST audit form for taxpayers having turnover more than 2 crores. Read More by 12th February 2020. They also enforced the GST department to avoid taking any late fee charges until this new deadline for return filing.

The PIL has also been strongly opposed by the State of Rajasthan and Union of India arguing that taxpayers were waiting for the last day to file the return, so that the GST portal server faces high traffic and go down. However, such arguments have been turned down by court starting the fact that it is the legal right of the taxpayers to file returns up to the last date without facing any issues. From Petitioner association, one of the individuals has even shared the screenshots of technical failure in official GST portal up to 4th Feb 2020.