FILING OF FORM GSTR-9, FORM GSTR-9A AND FORM GSTR-9C ANNUAL RETURN FILING INSTRUCTIONS
The Goods and
Services Tax Act, 2017 came into force in India with effect from 1.7.2017.
The taxpayers
under GST Act have to file monthly / quarterly / annual returns on various
dates as per acts and rules and as per the decisions of the GST Council.
The taxpayers have
to file Annual Returns as shown below:
RETURN
TYPE
|
FILED
BY WHOM
|
LAST
DATE FOR FILING FOR THE YEAR 2017-18
|
EXTENSION
OF TIME IF ANY
|
FORM GSTR-9
|
Normal Taxpayers filing FORM GSTR-1
(Monthly or Quarterly)
|
31.12.2018
31.03.2019
30.06.2019
|
As per Act and Rules
|
FORM GSTR-9A
|
Composition Taxpayers
Filing FORM GSTR-4 (Quarterly)
|
31.12.2018
31.03.2019
30.06.2019
|
|
FORM GSTR-9C
|
Taxpayers whose annual turnover exceeds
Rs. 2 crores
|
31.12.2018
31.03.2019
30.06.2019
|
Casual taxable
persons, Input Service Distributors, Non-resident taxable persons and Persons
paying TDS under Section 51 of the CGST Act, 2017 need not file FORM GSTR-9 or
FORM GSTR-9A.
As per Circular No. 2/2018 dated 31.12.2018, the registered person shall be entitled to take input tax credit after the due date of furnishing of the return under section 39 for the month of September, 2018 till the due date of furnishing of the return under the said section for the month of March, 2019 in respect of any invoice or invoice relating to such debit note for supply of goods or services or both made during the financial year 2017-18, the details of which have been uploaded by the supplier under sub-section (1) of section 37 till the due date for furnishing the details under sub-section (1) of said section for the month of March, 2019.
As per Circular No. 2/2018 dated 31.12.2018, the registered person shall be entitled to take input tax credit after the due date of furnishing of the return under section 39 for the month of September, 2018 till the due date of furnishing of the return under the said section for the month of March, 2019 in respect of any invoice or invoice relating to such debit note for supply of goods or services or both made during the financial year 2017-18, the details of which have been uploaded by the supplier under sub-section (1) of section 37 till the due date for furnishing the details under sub-section (1) of said section for the month of March, 2019.
The details of transactions from 1.7.2017 to 31.3.2018
(only for 9 months) were to be disclosed in these
Forms as per instructions available in the FORM GSTR-9 and FORM GSTR-9A (Refer
Notification No.39/2018 dated 4.9.2018)
The details of transactions from 1.7.2017 to 31.3.2018
(only for 9 months) were to be disclosed in these Forms as per instructions
available in the FORM GSTR-9C (Refer Notification No.49/2018 dated 13.9.2018)
There is no provision for filing of revised annual
returns in FORM GSTR-9, FORM GSTR-9A and FORM GSTR-9C and hence correct and
complete return has to be filed without any errors, omissions, or short
payments after proper scrutiny.
CONDITIONS TO FILE FORM
GSTR-9 AND
FORM GSTR-9A AND FORM GSTR9-C
· All returns in FORM GSTR-1 and
FORM GSTR-3B have to be filed before filing of FORM GSTR-9.
· All returns in FORM GSTR-4 have
to be filed before filing of FORM GSTR-9A.
· All returns in FORM GSTR-1 and
FORM GSTR-3B and FORM GSTR-9 have to be filed before filing FORM GSTR-9C.
· 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.
· Additional payments, if any,
required to be paid can be done through FORM GST DRC-03 only in cash and not by
adjustment of Input Tax Credit available.
· ITC cannot be availed through
FORM GSTR-9 and FORM GSTR-9C.
· All invoices pertaining to
previous financial year (irrespective of month in which such invoice is
reported in FORM GST-1) which is auto-populated in Table 8A or FORM GSTR-9 has
to be verified.
· Value of “non-GST supply” shall
also include the value of “no supply” and to be reported in Table 5D 5E and 5F
of FORM GSTR-9.
· If there are, any difference in
respect of supplies made the same may be reconciled and corrected while filing
annual returns.
· Bills not included in the
monthly or quarterly returns may be included in the Annual Return and the tax
difference if any payable has to be paid along with interest while filing
Annual Returns.
· Verification by taxpayer who is
uploading reconciliation statement would be included in FORM GSTR-9C.
· Under Rule 37, the recipient of
Goods or Services or both who has availed of ITC on any inward supply of goods
or services or both has to make payment within 180 days from the date of issue
of tax invoice. If the payment for inward supply of goods or services or both
were not made to the supplier within 180 days, the ITC availed thereon must be
reversed and paid to the Government as output tax payable along with the
interest applicable. The details were to be filled in the returns and ITC
reversed because of non-payment of bill amount must be disclosed in the annual
returns.
· Addition or amendments if any to
any of the supplies declared during the previous financial year shall be made
between April to September of the next financial year and hence the last date
for filing annual returns fixed after September i.e. on or before 31st
December of the succeeding year by giving reasonable time for preparation and
filing.
· Sale of Capital Goods if any
disclosed in the Income Tax Return and not disclosed in the GST Returns to be reported
in the Annual Returns and difference of tax if any to be paid along with
interest thereon.
· The GST Officers will
scrutinize all the GST returns filed by the taxpayers and pass no orders. If
there are any discrepancies noticed, the officer will call for explanation from
the taxpayer and if the explanations filed by the taxpayer seems to be
satisfactory, the assessing authority will take no further action and the
taxpayer will be informed.
· If the explanation given by the
taxpayer is not satisfactory, the taxpayer will be informed within 30 days and
the officer may take action to conduct audit of taxpayer under section 65 or
start special audit procedure.
· Under section 66 of the CGST Act, 2017 the assessing authority may
seek for the assistance of a Chartered Accountant nominated by the GST
Commissioner for conducting special audit of the taxpayer’s accounts whose
explanation is not satisfactory.
· The expenses of the examination
and audit of records under Section 66 (1) of the CGST Act, 2017, including the
remuneration of such chartered accountant or cost accountant, shall be
determined and paid by the Commissioner and such determination shall be final.
Hence, scrutiny
of all GST records must be verified including payment details to the recipients
well in advance before filing any kind of GST returns.
The taxpayers
may choose their auditors as early as possible instead of approaching them at
the last minute.