LAST DATE EXTENDED
TILL 30.6.2019 TO FILE ANNUAL GST RETURNS IN FORM GSTR-9, FORM GSTR-9A AND FORM
GSTR-9C
The Goods and Services Tax
Act, 2017 came into force with effect from 1.7.2017 in India.
The taxpayers have to file
FORM GSTR-9 and FORM GSTR-9A before 31st December of the succeeding
financial year. Similarly the taxpayer whose annual aggregate turnover exceeds
Rs. 2 Crores has to file FORM GSTR-9C before 31st December of the
succeeding financial year. The time
limit to file the Annual Returns for the year 2017-18 has been extended from
31.12.2018 to 31.3.2019 (as amended earlier). Now the time limit to file annual
returns in FORM GSTR-9, FORM GSTR-9A AND FORM GSTR-9C has been extended till
30.6.2019.
The following clarificatory changes, inter-alia,
shall be carried out in the formats/instructions according to which the
annual return / reconciliation statement is to be submitted by the taxpayers:
o
Amendment
of headings in the forms to specify that the return in FORM GSTR-9 &FORM
GSTR-9A would be in respect of supplies etc. ‘made during the year’ and not
‘as declared in returns filed during the year’;
o
All
returns in FORM GSTR-1&FORM GSTR-3B have to be filed before
filing of FORM GSTR-9&FORM GSTR-9C;
o
All
returns in FORM GSTR-4 have to be filed before filing of FORM GSTR-9A;
o
HSN
code may be declared only for those inward supplies whose value independently
accounts for 10% or more of the total value of inward supplies;
o
Additional
payments, if any, required to be paid can be done through FORM GST DRC-03 only
in cash;
o
ITC
cannot be availed through FORM GSTR-9 &FORM GSTR-9C;
o
All
invoices pertaining to previous FY (irrespective of month in which such invoice
is reported in FORM GSTR-1) would be auto-populated in Table 8A of FORM
GSTR-9;
o
Value
of “non-GST supply” shall also include the value of “no supply” and may be
reported in Table 5D, 5E and 5F of FORM GSTR-9;
o
Verification
by taxpayer who is uploading reconciliation statement would be included in FORM
GSTR-9C.
Due
to change in amendment of headings in the forms to specify that the return in FORM
GSTR-9 & FORM GSTR-9A would be in respect of supplies etc. ‘made during the year’ and not ‘as declared in returns filed during the
year’, the difference if any in respect of supplies made may be
reconciled and corrected while filing Annual returns. Omitted Bill if any may be added and tax difference may be paid with interest while filing Annual Returns.
The relevant Press Release is given below for ready reference:
Press Release
Recommendations made during 31stMeeting of the GST Council
December 22, 2018
The GST Council in its 31st meeting held today at New Delhi made the following policy recommendations:
1.
There would be a single cash ledger for each tax head. The modalities for implementation would be finalised
in consultation with GSTN and the Accounting authorities.
2. A scheme of single authority for disbursement of the refund amount sanctioned by either the Centre or
the State tax authorities
would
be implemented on pilot
basis.
The modalities
for the same shall be finalized
shortly.
3.
The new return filing system shall be introduced on a trial basis from 01.04.2019 and on mandatory basis from 01.07.2019.
4.
The due date for furnishing the annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C for the Financial Year
2017 – 2018 shall be further extended till 30.06.2019.
5. The following clarificatory changes, inter-alia, shall be carried out in the
formats/instructions according to which the annual return / reconciliation statement is to
be submitted by the taxpayers:
i) Amendment of headings in the
forms to specify that
the
return in FORM GSTR-9
&FORM GSTR-9A would be in respect of supplies etc. ‘made during the year’
and
not ‘as declared in returns
filed during the year’;
ii) All returns in FORM GSTR-1&FORM GSTR-3B have to be filed before filing of FORM GSTR-9&FORM GSTR-9C;
iii) All returns in FORM GSTR-4 have to be filed before filing
of FORM GSTR-
9A;
iv) HSN code
may be declared
only for
those
inward supplies whose value independently accounts for
10%
or more of
the total value of inward supplies;
v) Additional payments, if any, required to be paid can be done through FORM
GST
DRC-03 only in cash;
vi) ITC cannot be availed
through FORM GSTR-9 &FORM GSTR-9C;
vii) All invoices
pertaining to previous
FY (irrespective of month in which
such invoice
is reported in FORM GSTR-1) would be auto-populated in Table 8A of
FORM GSTR-9;
viii) Value of “non-GST supply” shall also include the value of “no supply” and may
be reported
in Table 5D, 5E and 5F
of FORM GSTR-9;
ix) Verification by
taxpayer who is uploading
reconciliation statement would be included
in FORM GSTR-9C.
6. The due date for furnishing FORM GSTR-8 by e-commerce operators for the months of
October,
November and December,
2018 shall be extended till 31.01.2019.
7. The due date for submitting FORM GST ITC-04 for the period July 2017 to December
2018 shall be extended till 31.03.2019.
8. ITC in relation to invoices issued by the supplier during FY 2017-18 may be availed by the recipient till the due
date for furnishing
of FORM GSTR-3B for
the month of March,
2019,
subject to specified conditions.
9. All the supporting documents/invoices in relation to a claim for refund in FORM GST
RFD-01Ashall be uploaded electronically on the common portal at the time of filing of
the refund application itself, thereby obviating the need for a taxpayer to physically visit
a tax office for submission of a refund application. GSTN will enable this functionality on the common portal
shortly.
10. The following types of refunds shallalso be made available throughFORM GST RFD-
01A:
i) Refund
on
account of Assessment/Provisional Assessment/Appeal/Any Other
Order;
ii) Tax paid on an intra-State supply which is subsequently held to be inter-State supply and
vice-versa;
iii)
Excess
payment
of Tax;
and iv) Any other
refund.
11. In case of applications for refund in FORM GST RFD-01A(except those relating to
refund of excess balance in the cash ledger)which are generated on the common portal
before the roll out of the functionality described in point (10) above, and which have not
been submitted in the jurisdictional tax office
within 60 days of the generation of ARN, the
claimants shall be sent communications
on their registered email
ids containing
information on where to submit the said refund applications. If the applications are not submitted within 15 days of the date of the email, the said refund applications shall be
summarily rejected, and the debited amount, if any, shall be re-credited to the electronic
credit ledger
of the claimant.
12. One more window for completion
of migration process is
being
allowed. The due date for the taxpayers who did not file the complete FORM GST REG-26 but received
only a Provisional ID
(PID)
till 31.12.2017 for furnishing
the requisite details
to
the
jurisdictional nodal officer shall be extended till 31.01.2019. Also, the due date for
furnishing FORM GSTR-3B and FORM GSTR-1
for the period July, 2017 to February,
2019/quarters July, 2017 to December, 2018 by such taxpayers shall be extended till
31.03.2019.
13. Late fee shall be completely waived for all taxpayers in case FORM GSTR-1, FORM
GSTR-3B &FORM GSTR-4 for the months / quarters July, 2017 to September, 2018,
are
furnished after
22.12.2018 but on or before 31.03.2019.
14. Taxpayers
who
have not
filed the returns
for
two
consecutive tax periods shall
be
restricted from generating e-way
bills. This provision shall be made effective once
GSTN/NIC make available the
required functionality.
15. Clarifications shall
be
issued on certain refund
related
matters like
refund
of
ITC accumulated on account of inverted duty
structure, disbursal of refunds within the stipulated time, time allowed for availment of ITC on invoices, refund of accumulated ITC
of compensation
cess etc.
16. Changes made by
CGST (Amendment) Act, 2018,
IGST (Amendment)
Act, 2018, UTGST (Amendment) Act, 2018 and GST (Compensation to States) Amendment Act,
2018 and the corresponding changes
in SGST Acts would be
notified w.e.f. 01.02.2019.
The requisite Notifications/Circulars for implementing
the above recommendations of the
GST Council shall be issued
shortly.
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