FAQ on GST Annual Return: Legal requirement of filing Annual return hereafter called GSTR-9 is governed by section 35(5) and section 44(1) of CGST Act. Section 44(1) of CGST Act read with Rule 80(1) of CGST Rules requires that every Registered person other than
- an Input Service Distributor,
- a person paying tax under section 51 (TDS) or section 52 (TCS),
- a casual taxable person and
- a non-resident taxable person,
Shall furnish an annual return for every financial year electronically in Form GSTR9 through the common portal (www.gst.gov.in) either directly or through facilitation center on or before the thirty-first day of December following the end of such financial year. Now check important FAQ’s on GST annual return from below…
Q1)Who is required to file GSTR-9?
Is there any threshold limit of Turnover for exemption to file GSTR-9?
As per Legal provision of Section 44(1) of CGST Act, every registered person shall be required to file GSTR 9. Hence, irrespective of the Turnover, every registered person under GST is required to file GSTR-9.
Q2)Who is not required to file GSTR-9?
Following persons are not required to file GSTR-9:
- an Input Service Distributor,
- a person paying tax under section 51 (TDS) or section 52 (TCS),
- a casual taxable person and
- a non-resident taxable person.
Person paying tax under section 52 (TCS) is required to file GSTR-9B but since, provision of section 52 is applicable from 01st October 2018 only, they are not required to file GSTR-9B for the year 2017-18.
Q3) Whether a Taxpayer shall be required to file GSTR-9 even though his registration has been cancelled before 31st March 2018? Whether answer remains the same if his application for cancellation was pending as on 31st March 2018?
As per Legal provision of Section 44(1) of CGST Act, every registered person shall be required to file GSTR-9. Hence, even if the status of taxpayer is not registered as on 31st March 2018 but he was registered between July-17 to March-18, he shall be required to file GSTR-9 providing details for the period during which he was registered.
Similarly, if a taxpayer had applied for cancellation of registration but the application was pending as on 31st March 2018, he shall be required to file GSTR-9
Q4) What will be source of information for filling up GSTR-9?
GSTR-9 is merely a compilation of data filed in GSTR3B and GSTR 1. As per the instructions of the form GSTR-9, it is stated that information of outward supplies ‘may’ be derived from Form GSTR 1. Inward supplies, input tax credit and the net tax paid in cash are to be gathered from Form GSTR 3B.
Q5) If taxpayer has identified some information which are missed to be reported in GSTR-3B or GSTR-1, whether the same can be added while filing GSTR-9?
GSTR-9 is a merely compilation of data filed in GSTR3B and GSTR-1 and no other information can be incorporated in GSTR-9. Even if a taxpayer has identified data fed in GSTR-1 / GSTR-3B as incorrect, still the same data is to be taken for reporting in annual return
Q6) If no other information can be furnished in GSTR-9 over and above what is stated in GSTR-1 and GSTR 3B, then how can the taxpayer pay the tax liability in case he identifies certain liabilities which are missed to be reported?
If there is any additional liability missed to be reported in GSTR-1 / GSTR-3B pertaining to 2017-18, the same will be reported in subsequent GSTR-1 / GSTR-3B up to September 2018. However, if the same is missed to be reported in GSTR-1 / GSTR-3B up to September 2018, as of now there is no clarity provided by Government whether the same can be paid through GSTR-3B or DRC-03.
Q7) Where to report stock transfer made to another branch situated in another state if both are registered?
Since both branches are registered persons for a particular state, these transactions are to be reported in supplies made to registered person (B2B) Table 4B.
Q8) Whether any ITC pertains to FY 2017-18 but claimed subsequently in GSTR-3B of April-18 to September 18 will be reported in Table-6?
No. Even though ITC belongs to FY 2017-18, the same will not be reported here. Only ITC claimed up to March-2018 in GSTR-3B will be reported here
Q9) GST Refund is claimed before March-18 but sanctioned in April-18. How to report such kind of situation in Part VI Table-15?
GST Refund claimed during July-17 to March-18 is to be reported in Table-15A. If refund is sanctioned after March-18 then that is not to be reported in Table15B.
Q10) Taxpayer has received a notice from its jurisdiction range office that there is a tax difference between GSTR-1 vs GSTR-3B / GSTR-3B vs GSTR-2A. Whether such tax differences are to be reported in total demand of tax in Table-15E?
No, demand of tax for which an order confirming the demand has been issued by adjudicating authority shall be reported in Table-15E. Only notice received asking for reasons / reconciliation of tax differences between returns filed cannot be said to be an order confirming demand of tax.
Q11) Whether GSTR-9 can be revised?
No such option has been provided in the law till now
Q12) How much late fee is payable for late filing of GSTR-9?
As per section 47(2) of CGST Act, Late fee for belated filing of GSTR-9 is Rs.100 per day subject to maximum of 0.25% of turnover in a state/UT. Similar provision is there in SGST Act also. Hence, in total there will be late fee of Rs.200 per day subject to 0.50% of turnover.
