Direct & Indirect Taxes, Tax Ready Reckoner, Tax Management, Tax Act. & Rules, Tax Planning & Tax Savings.

Direct & Indirect Taxes, Tax Ready Reckoner, Tax Management, Tax Act. & Rules, Tax Planning & Tax Savings.

GST Return under GST Act.

A GST Return is a summarised statement furnished by the tax payer to the tax administrators containing details of specified particulars relating to business activity undertaken by him during a prescribed period. Following are the various purposes of furnishing GST Returns:

>>        Mode of transfer of information to tax administration;

>>        Compliance verification program of tax administration;

>>      Finalisation of the tax liabilities of the taxpayer within stipulated period of limitation to declare tax liability for a given period;

>>        Providing necessary inputs for taking policy decision; and

>>        Management of audit and anti-evasion programs of tax administration.

Under the GST regime, following three types of returns shall be furnished for every tax period by a person engaged in supply of goods or services or both: —

1.   Return, furnishing details of outward supplies during a tax period [Section 37],

2.   Return, furnishing details of inward supplies during a tax period [Section 38], And

3.   Returns, showing details of inward and outward supply, input tax credit availed, tax payable, tax paid and such other particulars as may be prescribed [Section 39].

Meaning of tax period: Tax period shall mean a period of calendar month or, as the case may be, quarter or part thereof.

Further an Annual Return shall also be required to be filed under GST by a person engaged in supply of goods or services or both.

GST Return under GST Act.

Every person registered under GST will have to file returns in some form or other.

>>        A registered person i.e., the normal supplier shall file return monthly.

>>        A supplier who has opted for composition scheme shall file return quarterly

>>      A normal supplier whose turnover does not exceed Rs. 1.5 crore shall also file return quarterly.

>>      An input service distributor (ISD) will have to file monthly returns showing details of credit distributed during the particular month.

>>      A person required to deduct tax (TDS) and persons required to collect tax (TCS) will also have to file monthly returns showing the amount deducted/collected and other details as may be prescribed.

>>      A non-resident taxable person will also have to file returns for the period of activity undertaken.

Table of Contents

1.   GST Return, furnishing details of Outward Supplies (Sales of Goods and Services) during a Tax Period [Section 37]

(1)   Details of outward supply to be furnished electronically in Form GSTR-1 [Section 37(1)]

Every registered person (i.e., normal supplier of supply including casual registered person), –

— other than an Input Service Distributor, a non-resident taxable person and a person paying tax under the provisions of section 10 (i.e., composition scheme) or section 51 (relating to TDS) or section 52 (relating to collection of tax at source),

shall furnish, electronically, in Form GSTR-1, the details of outward supplies of goods or services or both effected by him during a tax period on or before the 10th day of the month succeeding the said tax period

and

such details shall be automatically communicated through the common portal to the recipients of the said supplies in—

(i)      Form GSTR-2A in case the recipient is normal registered person who has to claim input tax credit,

(ii)        Form GSTR-4A if the recipient is registered under Composition Scheme, and

(iii)       Form-GSTR-6A if the recipient is an input service distributor (ISD).

However, such registered person shall not be allowed to furnish the details of outward supplies during the period from the 11th day to the 15th day of the month succeeding the tax period. [First proviso]

Further, the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein. [Second proviso] It is also provided that any extension of time limit notified by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be notified by the Commissioner. [Third proviso]

Note:

It may be noted that the details of the outward supplies made by the supplier in Form GSTR-1 shall be auto drafted in Form GSTR-2A or Form GSTR-4A or Form GSTR-6A through the GST network (GSTN) common portal.

1.         Explanation. —           The expression “details of outward supplies” shall include details of invoices, debit notes, credit notes and revised invoices issued in relation to outward supplies made during any tax period.

2.         A person referred to in section 14 of the IGST Act, i.e., a supplier of online information and database access or retrieval services shall also furnish GSTR-1 electronically as above.

(i)      Form and manner of furnishing details of outward supplies [Rule 59]

(1)        Form GSTR-1 to be furnished electronically [Rule 59(1)]: FORM GSTR-1

shall be furnished electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner.

(2)        Details to be furnished in Form GSTR-1 for outward supply [Rule 59(2)]:

The details of outward supplies of goods or services or both furnished in FORM GSTR-1 shall include the–

(a)          invoice wise details of all—

(i)      inter-State and intra-State supplies made to the registered persons (i.e., B2B supplies); and

(ii)     inter-State supplies with invoice value more than Rs. 2,50,000 made to the unregistered persons (i.e., B2C supplies);

(b)          consolidated details of all—

(i) intra-State supplies made to unregistered persons for each rate of tax; and

(ii)     State wise inter-State supplies with invoice value upto Rs. 2,50,000 made to unregistered persons for each rate of tax (i.e., B2C supplies);

(c)      debit and credit notes, if any, issued during the month for invoices issued previously.

1.         Meaning of B2B supply:

Where the supply is made by a registered person to another registered person, it is called as B2B supply. B2B supply here means business to business transaction. In such type of transactions, the recipient is also a registered supplier and entitled to take input tax credit (ITC) of the inward supplies for making the output supplies.

2.          Meaning of B2C supply:

Where the supply is made by a registered person to a consumer or unregistered person it is called as B2C supply. B2C supply here means business to consumer transaction. In such type of transactions, the recipient is a consumer or unregistered person and he will not or cannot take ITC.

2.   Return, furnishing details of inward supplies (Purchase of Goods or Services) [Section 38]

(1)   Registered recipient to verify validate, modify or delete, if required, the details relating to outward supplies and credit or debit notes communicated by the supplier under section 37(1) [Section 38(1)]:

Every registered person (i.e., normal recipient of supply),

— other than an Input Service Distributor, a non-resident taxable person and a person paying tax under the provisions of section 10 (i.e., composition scheme) or section 51 (relating to TDS) or section 52 (relating to collection of tax at source),

shall verify, validate, modify or delete, if required, the details relating to outward supplies and credit or debit notes communicated to him under section 37(1) through auto populated Form GSTR-2A in order to prepare the details of his inward supplies and credit or debit notes and may include therein, the details of inward supplies and credit or debit notes received by him in respect of such supplies that have not been declared by the supplier under section 37(1).

If there is any information which has been missed by the supplier, the recipient can himself feed the invoices not uploaded by his supplier.

(2) Recipient registered person to furnish details of inward supply [Section 38(2)]:

Every registered person (i.e., the recipient of supply), —

— other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52,

shall furnish in Form GSTR-2, electronically, —

— the details of inward supplies of taxable goods or services or both,

including 

— inward supplies of goods or services or both on which the tax is payable on reverse charge basis under this Act,

— inward supplies of goods or services or both taxable under the Integrated Goods and Services Tax Act or

— inward supply of goods or services or both on which integrated goods and services tax is payable under section 3 of the Customs Tariff Act, 1975, and

— credit or debit notes received in respect of such supplies during a tax period

after the 10th day but on or before the 15th day of the month succeeding the tax period in the manner as may be prescribed (see below).

The above Form GSTR-2 shall be furnished after making verification, validation, modification or deletion, if required as per section 38(1).

Provided that the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein:

Provided further that any extension of time limit notified by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be notified by the Commissioner.

Manner of furnishing Form GSTR-2 by the recipient of supply on the basis of details contained in Form GSTR-2A [Rule 60(1)] 

Every registered person, other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017, required to furnish the details of inward supplies of goods or services or both received during a tax period under section 38(2) shall, —

— on the basis of details contained in Part A, Part B and Part C of FORM GSTR-2A,

— prepare such details as specified in section 38(1) of the said section and furnish the same in FORM GSTR-2 electronically through the common portal, either directly or from a Facilitation Centre notified by the Commissioner, after including therein details of such other inward supplies, if any, required to be furnished under section 38(2).

(3) Modification, deletion or inclusion made by the recipient in the details of inward supply to be communicated to the supplier concerned [Section 38(3)]:

When Form GSTR-2 is furnished by the recipient, the details of supplies modified, deleted or included by the recipient and furnished under section 38(2) shall be communicated automatically to the supplier concerned through the common portal in Form GSTR-1A by 15th day of the month succeeding the tax period.

Similarly, as per section 38(4), when Form GSTR-4/GSTR-6 is furnished by the recipient, the details of supplies modified, deleted or included by the recipient in the return furnished under section 39(2) (by registered person under composition scheme) or section 39(4) (by the input service distributor) shall be communicated to the supplier concerned in Form GSTR-1A.

3.   Acceptance of details pertaining to rectified inward supply communicated in Form GSTR-1A [Section 37(2)]

Every registered person (i.e., the supplier) who:

— has been communicated in Form GSTR-1A the details after modifications, deletion, inclusion, if any, by the recipient under section 38(3) or the details pertaining to inward supplies of Input Service Distributor under section 38(4),

— shall either accept or reject the details so communicated, on or before the 17th day, but not before the 15 days, of the month succeeding the tax period and the details furnished by him under section 37(1) shall stand amended accordingly.

Example 1 

R, a supplier of goods, has affected supplies amounting to Rs. 70 lakhs during the month of September 2020.  In this case, R is liable to furnish the details of such outward supplies electronically in FORM GSTR-1 by 10.10.2020.

If R fails to furnish the details of outward supplies by 10.10.2020, he shall not be allowed to furnish such details during the period from 11.10.2020 to 15.10. 2020.

Further, the details of outward supplies furnished by R in Form GSTR-1 shall be communicated to all the recipient of supplies electronically (I) in Part A of Form GSTR-2A in case of normal registered person who has to claim input tax credit, (ii) Form GSTR-4A if the recipient is registered under Composition Scheme and (iii) Form-6A to the recipient input service distributor (ISD).

Further, the details so communicated in Form GSTR-2A or GSTR-4A or GSTR-6A shall be verified, validated, modified or deleted by the registered persons i.e., recipients of supplies and corrections, if any, shall be automatically communicated to the registered supplier electronically in Form GSTR-1A.

Example 2 

G, a trader, has received inward supply of goods amounting to Rs. 80 lakhs during the month of September 2020 including the goods supplied by R in Example 1 above.

In this case, G shall verify GSTR-2A (including GSTR-2A of R) of all the suppliers who have made supplies to him which has been communicated to him on the common portal when those suppliers furnished details in Form GSTR-1 by 10.10.2020. He will validate, modify or delete the details of such supplies to prepare the details of inwards supplies of such goods amounting to Rs. 80 lakhs in FORM GSTR-2 after 10.10.2020 but on or before 15.10.2020.

In the above case, suppose R omitted to furnish the details of outward supply of goods to G amounting to Rs.  5 lakhs in his FORM GSTR-1, then G shall add the value of such inward supplies while furnishing the details in his FORM GSTR-2, and after adding the details of such inward supplies in FORM GSTR-2, changes shall be communicated to R in FORM GSTR-1A electronically through the Portal.

The details added by G in his FORM GSTR-2, communicated to R in FORM GSTR-1A, shall either be accepted or rejected by R on or before 17.10.2020 but not before 15.10.2020 and FORM GSTR-1 filed by R shall stand amended accordingly.

4.   Furnishing of GST Return by Registered Person [Section 39]

Normal registered person required to furnish return every calendar month [Section 39(1)] Quarterly return by registered person paying tax under composition scheme [Section 39(2)]
Every registered person (i.e., the supplier), —

— other than an Input Service Distributor or a nonresident taxable person or a person paying tax under the provisions of section 10 (i.e., composition scheme) or section 51 (in case of TDS) or section 52 (in case of TCS)

shall, for every calendar month or part thereof furnish, in Form (ISTR-3 in such manner as may be prescribed, a return, electronically, of—

— inward and outward supplies of goods or services or both,

— input tax credit availed,

— tax payable,

— tax paid, and

— such other particulars as may be prescribed, on or before the 20th day of the month succeeding such calendar month or part thereof

However, such person shall tile return quarterly if his turnover does not exceed Rs. 1.5 crore.

A registered person paying tax under the provisions of section 10 (i.e., composition scheme) shall, for each quarter or part thereof’ furnish, in Form GSTR-4 in such manner as may be prescribed, a return, electronically,

— of turnover in the State or Union territory,

— inward supplies of goods or services or both,

— tax payable and tax paid

within 18 days after the end of such quarter.

Form and manner of submission of monthly return [Rule 61]

Rule 61(1)— FORM GSTR-3 shall be furnished electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner.

Rule 61(2) — Part A of the Form GSTR-3 shall be electronically generated (i.e., auto populated) on the basis of information furnished through FORM GSTR-l, FORM GSTR-2 and based on other liabilities of preceding tax periods.

Rule 61(3) — Every registered person furnishing the return under rule 61(1) shall, subject to the provisions of section 49, discharge his liability towards tax, interest, penalty, fires or any other amount payable under the Act or the provisions of this Chapter by debiting the electronic cash ledger or electronic credit ledger and include the details in Part B of the return in FORM GSTR-3

Rule 61(4) — A registered person, claiming refund of any balance in the electronic cash lodger in accordance with the provisions of section 49(6), may claim such refund in Part B of the return in FORM GsTR-3 and such return shall be deemed to be an application filed under section 54.

Rule 61(5) — Where the time limit for furnishing of details in FORM GSTR-1 under section 37 and in FORM GSTR-2 under section 38 has been extended and the circumstances so warrant, the Commissioner may, by notification, [specify the manner and conditions subject to which the] 36 returns shall be furnished in FORM GSTR-3B electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner

What is Form GsTR-3B

FORM (ISTR-311 is notified as the form for return by the Commissioner when the due dates for furnishing GSTR- I and GSTR-2 get extended.

GSTR-3B is a simple return containing summary of outward and inward supplies liable to reverse charge, eligible ITC, payment of tax etc. Thus, GSTR-3B does not require invoice-wise data of outward supplies.

GSTR-3B can be submitted electronically through the common portal, either directly or through a notified Facilitation Centre.

Where GSTR-3B is furnished, after the due date for furnishing GSTR-2—

(a)     Part A of GSTR-3 is auto populated on the basis of information furnished through GSTR-1, GSTR-2 and based on other liabilities of preceding tax periods. Part B of the GSTR-3 is electronically generated on the basis of the return in (ISTR-3B furnished in respect of the tax period;

(b)             the registered person can modify Part B of GSTR-3 based on the discrepancies, if any, between GSTR-3B and GSTR-3 and discharge his tax

Form and manner of submission of quarterly return by the composition supplier [Rule 62]

(1)        Every registered person paying tax under section 10 shall, on the basis of details contained in FORM GSTR-4A, and where required, after adding, correcting or deleting the details, furnish the quarterly return in FORM GSTR-4 electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner.

(2)        Every registered person furnishing the return under rule 62(1) shall discharge his liability towards tax, interest, penalty, fees or any other amount payable under the Act or the provisions of this Chapter by debiting the electronic cash ledger.

(3)        The return furnished under rule 62(l) shall include the—

(a)     invoice wise inter-State and intra-State inward supplies received from registered and unregistered persons; and

(b)          consolidated details of outward supplies made.

(4)        A registered person who has opted to pay tax under section 10 from the beginning of a financial year shall, where required, furnish the details of outward and inward supplies and return under rules 59, 60 and 61 relating to the period during which the  person was liable to furnish such details and returns  till the due date of furnishing the return for the month  of September of the succeeding financial year or  furnishing of annual return of the preceding financial  year, whichever is earlier.

Explanation. —For the purposes of this sub-rule, it is hereby declared that the person shall not be eligible to avail of input tax credit on receipt of invoices or debit notes from the supplier for the period prior to his opting for the composition scheme.

(5)        A registered person opting to withdraw from the composition scheme at his own motion or where option is withdrawn at the instance of the proper officer shall, where required, furnish the details relating to the period prior to his opting for payment of tax under section 9 in FORM GSTR-4 till the due date of furnishing the return for the quarter ending September of the succeeding financial year or furnishing of annual return of the preceding financial year, whichever is earlier.

Composition tax payers do not need to file any statement of outward or inward supplies. They have to file a quarterly return in Form GSTR-4 by the 18th of the month after the end of the quarter.  Since they are not eligible for any input tax credit, there is no relevance of GSTR-2 for them and since the credit of tax paid under Composition Levy is not eligible, there is no relevance of GSTR-1 for them. In their return, they have to declare summary details of their outward supplies along with the details of tax payment. They also have to give details of their purchases in their quarterly return itself, most of which will be auto populated.

 

Monthly return by registered person required to deduct tax at source [Section 39(3)] Monthly return by input service distributor [Section 39(4)]  Monthly return by registered non-resident taxable person [Section 39(5)] 
Every registered person required to deduct tax at source under the provisions of section 51 shall furnish a return in Form GSTR-7 electronically through the common portal either directly or from a Facilitation Centre notified by the Commissioner, for the month in which such deductions have been made within 10 days after the end of such month.

The details furnished by the deductor shall be made available electronically to each of the suppliers in Part C of FORM GSTR-2A and FORM-GSTR-4A on the common portal after the due date of filing of FORM GSTR-7.

Every Input Service Distributor shall, on the basis of details contained in FORM GSTR-6A, and where required, after adding, correcting or deleting the details, furnish electronically the return in FORM GSTR-6, containing the details of tax invoices on which credit has been received and those issued under section 20, through the common portal either directly or from a Facilitation Centre notified by the Commissioner.  Within 13 days after the end of such month. Every registered non-resident taxable person shall, for every calendar month or part thereof, furnish a return in Form GSTR-5 electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner, within 20 days after the end of a calendar month or within 7 days after the last day of the period of registration specified under section 27(1), whichever is earlier.

(1)   Extension of time for furnishing the returns [Section 39(6)]:

The Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein:

Provided that any extension of time limit notified by the Commissioner of State tax or Union territory tax shall be deemed to be notified by the Commissioner.

(2)   Tax due as per return to be paid latest by last date of furnishing returns [Section 39(7)]:

Every registered person, who is required to furnish a return under section 39(1) or section 39(2) or section 39(3) or section 39(5), shall pay to the Government the tax due as per such return not later than the last date on which he is required to furnish such return.

(3)   Return to be furnished compulsorily even if there is no supply during the tax period [Section 39(8)]:

Every registered person who is required to furnish a return under section 39(1) or section 39(2) shall furnish a return for every tax period whether or not any supplies of goods or services or both have been made during such tax period.

(4)   Rectification of omission or incorrect particulars in the return furnished [Section 39(9)]:

Subject  to the provisions of sections 37 and 38, if any registered person after furnishing a return under section 39(1) or  section 39(2) or section 39(3) or section 39(4) or section 39(5) discovers any omission or incorrect particulars  therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he  shall rectify such omission or incorrect particulars in the return to be furnished for the month or quarter during  which such omission or incorrect particulars are noticed, subject to payment of interest under this Act:

Provided that no such rectification of any omission or incorrect particulars shall be allowed after the due date for furnishing of return for the month of September or second quarter following the end of the financial year, or the actual date of furnishing of relevant annual return, whichever is earlier.

(5)   Furnishing of return not to be allowed if return of previous tax periods not furnished [Section 39(10)]:

A registered person shall not be allowed to furnish a return for a tax period if the return for any of the previous tax periods has not been furnished by him.

5.   First Return under GST Act. [Section 40]

Every registered person who has made outward supplies in the period between the date on which he became liable to registration till the date on which registration has been granted shall declare the same in the first return furnished by him after grant of registration.

6.   Annual GST Return [Section 44]

Every registered person (i.e., normal supplier), —

— other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person,

— shall furnish an annual return in Form GSTR-9 for every financial year electronically on or before 31st day of December following the end of such financial year.

Taxable persons registered under section 10 (i.e., the composition tax payer) shall furnish simplified annual return in Form GSTR-9A.

Every electronic commerce operator required to collect tax at source under section 52 shall furnish annual statement referred to in section 52(5) in Form GSTR-9B.

Every registered person whose aggregate turnover during a financial year exceeds Rs. 2 crores shall get his accounts audited and he shall furnish a copy of audited annual accounts and a reconciliation statement, duly certified, in Form GSTR-9C, electronically through the Common Portal either directly or from a Facilitation Centre, notified by the Board or Commissioner.

7.   Final GST Return [GSTR-10] on cancellation of registration [Section 45]

Every registered person who is required to furnish a return under section 39(1) and whose registration has been cancelled shall furnish a final return in Form GSTR-10 within 3 months of the date of cancellation or date of order of cancellation, whichever is later.

8.   Details of inward supplies of persons having Unique Identity Number (UIN) [Rule 82]

(1)        Every person who has been issued a Unique Identity Number and claims refund of the taxes paid on his inward supplies, shall furnish the details of such supplies of taxable goods or services or both electronically in FORM GSTR-11, along with application for such refund claim, through the common portal either directly or through a Facilitation Centre notified by the Commissioner.

(2)        Every person who has been issued a Unique Identity Number for purposes other than refund of the taxes paid shall furnish the details of inward supplies of taxable goods or services or both as may be required by the proper officer in FORM GSTR-11.

9.   Levy of Late Fee for not filing the return within the prescribed date [Section 47]

(1) Late fee for delay in filing returns other than annual return [Section 47(1)]:

Any registered person who fails to furnish—

— the details of outward or inward supplies required under section 37 or section 38 or

— monthly/quarterly returns required under section 39 or

— final return on cancellation under section 45

by the due date shall pay a late fee of Rs. 100 for every day during which such failure continues subject to a maximum amount of Rs. 5,000.

However, as per Notification No. 4/2018-CT dated 23.01.2018, late fee payable by any registered person for failure to furnish the details of outward supplies for any month/quarter in FORM GSTR-1 by the due date under section 47 of the said Act, which is in excess of an amount of Rs. 25 has been waived.

Provided that where there are no outward supplies in any month/quarter, the amount of late fee payable by such registered person for failure to furnish the said details by the due date under section 47 of the said Act shall stand waived to the extent which is in excess of an amount of Rs. 10 for every day during which such failure continues. (Similar amount of waiver has been provided for late filing of FORM GSTR-4, FORM GSTR-5 and FORM GSTR-6)

(2)   Late fee for delay in filing Annual Return [Section 47(2)]:

Any registered person who fails to furnish the return required under section 44 (i.e., annual return) by the due date shall be liable to pay a late fee of Rs. 100 for every day during which such failure continues subject to a maximum of an amount calculated @ 0.25% of his turnover in the State or Union territory.

10. List of GST Returns/Statements to be furnished by Registered Persons

The following returns are required to be filed by registered persons:

  GSTR-1 Details of outward supplies of taxable goods or services or both
GSTR-1A Details of inward supplies as added, corrected or deleted by the recipient made available to the supplier
GSTR-2 Details of inward supplies of taxable goods or services or both claiming input tax credit
GSTR-2A Details of outward supplies furnished by the supplier made available to the recipient on the basis of Form GSTR- 1 furnished by the supplier
GSTR -3 Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax
GSTR-3A Notice to a registered taxable person who fails to furnish return under section 39 or Section 44 or section 45 or Section 52.
GSTR -3B Return furnished on extension of time limit for furnishing of details under Form GSTR-1 or GSTR-2
GSTR-4 Quarterly Return for Composition Supplier
GSTR-4A Details of outward supplies made available to the recipient registered under Composition Scheme on the basis of Form GSTR-1 furnished by the supplier
GSTR-5 Return for Registered Non-Resident taxable person
GSTR -5A Details of supplies of online information and database access or retrieval services by a person located outside India made to non-taxable persons in India
GSTR-6 ISD Return
GSTR-6A Details of outward supplies made available to the ISD recipient on the basis of Form GSTR-1 furnished by the supplier
GSTR-7 Return for authorities deducting lax at source (TDS) under section 51
GSTR-7A TDS Certificate
GSTR-8 Details of supplies effected through e-commerce operator and the amount of tax collected as required under Section 52(1)
GSTR-9 Annual Return
GSTR-9A Simplified Annual return by compounding taxable persons registered under section 10
GSTR-9B
Annual statement by electronic commerce operator required to collect tax at source under section 52
CSTR-9C Reconciliation statement
GSTR- 10 Final Return
GSTR-11 Details of inward supplies to be furnished by a person having Unique Identity Number (UIN)

11. Some important FAQs released by CBEC on 31.3.2017

Q 1. What type of outward supply details are to be filed in the return? [Question No. 3 of FAQ’s]

Ans. A normal registered taxpayer has to file the outward supply details in GSTR-1 in relation to various types of supplies made in a month, namely outward supplies to registered persons, outward supplies to unregistered persons (consumers), details of Credit/Debit Notes, zero rated, exempted and non-GST supplies, exports, and advances received in relation to future supply.

Q 2. What is the special feature of GSTR-2? [Question No. 12 of FAQ’s]

Ans. The special feature of GSTR-2 is that the details of supplies received by a recipient can be auto populated on the basis of the details furnished by the counterparty supplier in his GSTR-1.

Q 3. Do tax payers under the composition scheme also need to file GSTR-1 and GSTR-2? [Question No. 13 of FAQ’s]

Ans. No. Composition tax payers do not need to file any statement of outward or inward supplies. They have to file a quarterly return in Form GSTR-4 by the 18th of the month after the end of the quarter. Since they are not eligible for any input tax credit, there is no relevance of GSTR-2 for them and since the credit of tax paid under Composition Levy is not eligible, there is no relevance of GSTR-1 for them. In their return, they have to declare summary details of their outward supplies along with the details of tax payment. They also have to give details of their purchases in their quarterly return itself, most of which will be auto populated.

Q 4. Which type of taxpayers need to file Annual Return? [Question No. 16 of FAQ’s]

Ans. All taxpayers filing return in GSTR-1 to GSTR-3, other than ISD’s, casual/non-resident taxpayers, taxpayers under composition scheme, TDS/TCS diductors, are required to file an annual return. Casual taxpayers, non- resident taxpayers, ISDs and persons authorized to deduct/collect tax at source are not required to file annual return.

Q 5. Is an Annual Return and a Final Return one and the same? [Question No. 17 of FAQ’s]

Ans. No. Annual Return has to be filed by every registered person paying tax as a normal taxpayer. Final Return has to be filed only by those registered persons who have applied for cancellation of registration. The Final return has to be filed within three months of the date of cancellation or the date of cancellation order.

Q 6. If a return has been filed, how can it be revised if some changes are required to be made? [Question No. 18 of FAQ’s]

Ans. In GST since the returns are built from details of individual transactions, there is no requirement for having a revised return. Any need to revise a return may arise due to the need to change a set of invoices or debit/ credit notes. Instead of revising the return already submitted, the system will allow changing the details of those transactions (invoices or debit/credit notes) that are required to be amended. They can be amended in any of the future GSTR-1/2 in the tables specifically provided for the purposes of amending previously declared details.

Q 7. How can taxpayers file their returns? [Question No. 19 of FAQ’s]

Ans. Taxpayers will have various modes to file the statements and returns. Firstly, they can file their statement and returns directly on the Common Portal online. However, this may be tedious and time consuming for taxpayers with large number of invoices. For such taxpayers, an offline utility will be provided that can be used for preparing the statements offline after downloading the auto populated details and uploading them on the Common Portal. GSTN has also developed an ecosystem of GST Suvidha Providers (GSP) that will integrate with the Common Portal.

Q 8. What is the consequence of not filing the return within the prescribed date? [Question No. 22 of FAQ’s]

Ans. A registered person who files return beyond the prescribed date will have to pay late fees of rupees one hundred for every day of delay subject to a maximum of rupees five thousand. For failure to furnish Annual returns by due date, late fee of Rs. One hundred for every day during which such failure continues subject to a maximum of an amount calculated at a quarter percent [0.25%] of his turnover in a state, will be levied.

See also  Deemed Profits chargeable to Tax as Business Income [Section 41 and 176(3A) & (4)]
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