FILING OF GST RETURNS BY COMPOSITION OPTED TAXPAYERS WITH EFFECT FROM 1.4.2019
The Goods and
Services Tax Act, 2017 came into force in India with effect from 1.7.2017
The turnover
limit to opt for Composition Scheme has been increased from 1 Crore to 1.5
Crore with effect from 1.4.2019. In case of North-Eastern States, the turnover
is Rs. 75 Lakhs).
The GST return
filing method has been changed with effect from 1.4.2019. As per the amended
provisions the composition opted taxpayers have to file annual return on or
before 30th day of April of the succeeding year instead of filing
quarterly returns. The composition opted
taxpayers can also supply services also to their recipients to an extent of 10
per cent of their total supply of Goods to the maximum extent of Rs. 5 lakh.
The following
taxpayers are not eligible for composition scheme:
1. Manufacturer of ice cream, pan masala and tobacco
2. Persons making inter-State supplies
3. Casual Taxable persons
4. Non-resident taxable persons
5. E-Commerce Operators
6. Taxpayers having multiple places of business with same PAN
The persons who
opted to pay tax on Composition Scheme shall furnish a statement, every quarter
or, as the case may be, part thereof, containing the details of payment of self
assessed tax in FORM GST CMP-08 till
the 18th day of the month succeeding such quarter.
The FORM
GST CMP-08 must be filed electronically online in the GST Portal for each
quarter
PERIOD
|
LAST DATE
|
APR-JUN
|
18TH JUL
|
JUL-SEP
|
18TH OCT
|
OCT-DEC
|
18TH JAN
|
JAN-MAR
|
18TH APR
|
The Outward supplies (including exempt
supplies) and details of inward supplies attracting reverse charge including
import of services (at normal GST rates applicable) and tax payable details to
be furnished.
The composition opted taxpayer must file an
Annual Return in FORM GSTR-4 before
the 30th April of the succeeding year. The FORM GSTR-4 can be filed only if statements for payment of self
assessed tax in FORM GST CMP-08 are
filed for all four quarters.
The Composition opted taxpayers payers are
not eligible to collect tax from their customers.
They should not make any inter-State supply
of Goods or Services or both.
The relevant notifications are given below
for ready reference:
[To be published in the Gazette of India, Extraordinary,
Part
II, Section 3, Sub-section (i)]
Government
of India
Ministry of Finance
(Department
of Revenue)
Central Board of Indirect
Taxes and Customs
Notification No.21
/2019 – Central Tax
New Delhi, the 23rd April,
2019
G.S.R......(E).— In exercise of the powers conferred by
section 148 of the Central Goods and Services
Tax Act,
2017 (12 of 2017) (hereafter in this notification referred to
as the said Act), the Central Government, on the recommendations of the Council, hereby notifies the registered persons
paying tax under the provisions of section 10 of the said Act or by availing the benefit
of notification of the Government of India, Ministry of Finance, Department of Revenue No.
02/2019– Central Tax (Rate), dated the 7th March, 2019, published in the Gazette of India,
Extraordinary, Part II, Section 3, Subsection (i) vide number
G.S.R. 189 , dated the 7th March, 2019, (hereinafter referred to as ―the said notification‖) as the class of registered persons who shall follow the special procedure as mentioned
below for furnishing of return and payment of
tax.
2. The said persons shall furnish a statement, every quarter or, as the case may
be, part thereof containing
the details of payment of self-assessed tax in FORM GST CMP-08 of the Central
Goods and Services Tax Rules,
2017, till the 18th day of the month succeeding such quarter.
3. The said persons shall furnish a return for every financial year or, as the case may
be, part
thereof in FORM GSTR-4 of the Central Goods and Services Tax Rules, 2017, on or before the
30th day of
April following the end of
such financial year.
4. The registered persons paying tax by availing the benefit of the said notification, in respect
of the period for which he has availed the said benefit, shall be deemed to have complied with
the provisions of section 37 and section 39 of the said Act if they have furnished FORM GST CMP-08
and FORM GSTR-4
as provided in para 2 and para 3 above.
[F.
No. 20/06/16/2018-GST]
(Ruchi Bisht)
Under Secretary to the Government
of India
[To be published in the Gazette of India, Extraordinary,
Part
II, Section 3, Sub-section
(i)]
Government
of India
Ministry of Finance
(Department
of Revenue)
Central Board of Indirect
Taxes and Customs
Notification No.
20/2019 – Central Tax
New Delhi, the 23rd April, 2019
G.S.R……(E). - In
exercise of
the powers conferred
by
section 164 of the Central Goods and
Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules
further to amend the Central Goods and
Services Tax Rules, 2017, namely:-
1. (1) These rules may be called the Central Goods and Services Tax (Third Amendment)
Rules, 2019.
(2) They shall come into
force on the date of
their publication in
the
Official Gazette.
3. In
the said
rules, in rule 62,-
a) in the marginal heading, for the
words “Form and manner of
submission of quarterly
return by
the composition supplier”, the words “Form and manner of
submission of statement and return” shall
be substituted;
b) in sub-rule
(1), -
(i) for the portion beginning with the words and figures “paying tax under section 10” and ending with letters and figures
“ FORM GSTR-4”, the following shall be substituted, namely:-
“paying tax under section 10 or paying tax by availing the benefit of
notification of the Government of India, Ministry
of Finance, Department of Revenue No. 02/2019– Central Tax (Rate), dated
the 7th March, 2019, published in the Gazette
of India,
Extraordinary, Part II,
Section
3,
Sub-
section (i) vide number G.S.R.189 (E), dated
the 7th March, 2019 shall-
(i) furnish a statement, every
quarter or, as the case may be, part thereof, containing the details of payment of self-assessed tax in FORM GST CMP-
08, till the 18th day of
the month succeeding such quarter; and
(ii) furnish a return for every financial year or, as the case may
be,
part thereof in FORM GSTR-4,
till the thirtieth day of April following
the
end of such financial year,”;
(ii) the proviso
shall be omitted;
c) in sub-rule
(2), for the portion beginning with
the
words “return
under” and ending with
the
words “other amount”, the following shall be substituted, namely:-
“statement under sub-rule (1) shall
discharge his liability towards tax or
interest”;
d) in sub-rule
(4),-
(i) after the words and figures “opted to pay
tax under section 10” the words, letters, figures and brackets “or by
availing the benefit of notification of the Government of
India, Ministry
of
Finance, Department of
Revenue No.
02/2019– Central Tax (Rate), dated the 7th March, 2019, published in
the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R.189 (E), dated the
7th March, 2019” shall be inserted;
(ii) in the Explanation,-
(A) after
the words “not be eligible to avail”, the word “of” shall
be omitted; (B) after the words “opting for the composition scheme”, the words, letters,
figures and brackets
“or opting for paying
tax by availing
the benefit
of
notification of the Government of India, Ministry of Finance, Department of
Revenue
No.
02/2019– Central Tax (Rate), dated the 7th March, 2019,
published in the Gazette
of
India, Extraordinary,
Part
II, Section
3,
Sub-
section (i) vide number G.S.R.189 (E), dated the 7th March, 2019” shall be
inserted;
e) in sub-rule (5), for the words, figures and letters “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”,
the
words, letters
and figures “a statement in FORM GST CMP-08 for the period for which he has
paid tax under the composition scheme till the 18th day of the month
succeeding the quarter in which the date of withdrawal falls and furnish a return in FORM GSTR-4 for
the said period till the thirtieth day of April
following the end of the financial year during which such withdrawal falls” shall be substituted;
f) after sub-rule (5),
the
following sub-rule shall
be inserted, namely:-
“(6) A registered person who ceases to avail the benefit of notification of the
Government of India,
Ministry of Finance,
Department
of Revenue
No.
02/2019– Central Tax (Rate), dated the 7th March, 2019, published in
the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.189 (E) , dated the 7th March, 2019, shall, where
required, furnish a
statement in FORM GST CMP-08 for the period
for which he has paid tax by availing the benefit under the said notification till the 18th day
of the month succeeding the quarter in which the date of cessation takes place and furnish a return in FORM GSTR - 4 for the said period till the thirtieth day
of April following the end of
the financial year
during which such
cessation happens.”.
4. In the said rules, after FORM GST CMP-07,
the following form shall be inserted, namely:-
“Form GST CMP - 08
[See rule 62]
Statement for payment of self-assessed tax
Financial
Year
|
||||||||||||||||||||||
Quarter
|
||||||||||||||||||||||
1.
|
GSTIN
|
|||||||||||||||||||||
2.
|
(a)
|
Legal
name
|
<Auto>
|
|||||||||||||||||||
(b)
|
Trade name
|
<Auto>
|
||||||||||||||||||||
(c)
|
ARN
|
<Auto> (After filing)
|
||||||||||||||||||||
(d)
|
Date of filing
|
<Auto> (After filing)
|
||||||||||||||||||||
3. Summary of self-assessed liability
(net of advances, credit and debit notes
and
any other adjustment
due
to amendments
etc.)
(Amount in
₹in all tables)
Sr.
No.
|
Description
|
Value
|
Integrated
tax
|
Central
tax
|
State/
UT
tax
|
Cess
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
1.
|
Outward
supplies (including exempt supplies)
|
2.
|
Inward supplies attracting reverse charge including import
of services
|
|||||
3.
|
Tax payable (1+2)
|
|||||
4.
|
Interest
payable, if
any
|
|||||
5.
|
Tax and
interest paid
|
4. Verification
I hereby solemnly affirm and
declare that the information given
herein
above
is true and correct to
the best of my knowledge and belief and nothing has
been
concealed therefrom.
Signature
Place :
Name
of Authorised Signatory
Date:
Designation/Status
Instructions:
1. The taxpayer paying tax under the provisions of section 10 of the Central Goods and Services Tax Act, 2017 or by availing the benefit of notification No. 02/2019–
Central Tax (Rate),
dated the 7th March, 2019 [G.S.R. 189(E) dated the 7th March,2019] shall make payment
of tax on quarterly basis by the
due
date.
2. Adjustment on account of
advances, credit/debit
notes or rectifications shall be reported against the
liability.
3. Negative value may be reported as
such if such value comes after adjustment.
4. If the total tax payable becomes negative, then the same shall be carried forward to the next tax period for
utilising the same in that tax period.
5. Interest shall be leviable if
payment
is made after the
due date.
6. „Nil‟ Statement
shall be filed if there is no tax
liability due during the
quarter.”.
5. In the
said rules, in FORM GST REG-01, after
instruction number 16, the
following instruction
shall be inserted, namely:-
“17. Taxpayers who want to pay
tax by
availing benefit of notification No. 2/2019 –
Central Tax (Rate) dated 07.03.2019, as amended, shall indicate such
option at serial no. 5 and
6.1(iii) of this Form.”.
[F.
No. 20/06/16/2018-GST]
(Ruchi Bisht)
Under Secretary to the Government
of India
Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II,
Section 3,
Sub-section (i)
vide notification No. 3/2017-Central Tax,
dated the 19th June,2017, published vide number G.S.R 610 (E), dated the 19th June, 2017 and last amended vide
notification No. 16/2019 - Central Tax, dated the 29th March, 2019, published vide number
G.S.R 249 (E), dated the 29th March, 2019.