CA Mithun Khatry

A Registered person under the proposed GST regime has to file many returns prescribed or otherwise required to be furnished by or under the act & rules made thereunder. [ Section 2(97) CGST Act.] A return file under GST shall be a valid return only where self-assessed tax has been paid in full. [ Section 2(117) CGST Act.] Different returns are to be filed by different class of registered person. In this article we will gain knowledge about the various returns to be filed, time limits within which such returns has to be filed and the class of registered person required to file such returns.

Normally a registered person shall have to file following 37 returns in a year:

S.No. Particulars Nos.
1 Monthly Return under CGST Act 12
2 Monthly Return under IGST Act 12
3 Monthly Return under SGST Act / UGST Act. 12
4 Annual Return 1
Total 37

Various Steps to be followed to file return under each act as are follows:

S.No. Particulars Time Limit
1 Furnishing details of outward supplies Form GSTR-1 [Rule 1(1)] including  details of invoices, debit notes, credit notes and revised invoices issued, which shall be communicated to the recipient of supplies in Part-A of FORM GSTR-2A(Regular Dealer), FORM GSTR-4A (Composition Dealer) and FORM GSTR-6A (ISD) [Rule 1(3)]
These details not required to be filed by:

Input Service Distributor(ISD)

A non-resident taxable person

Composition dealer u/s 10

TDS Returns u/s 51

TCS Returns u/s 52

Upto 10th  of next month

(strictly not allowed to file between 11th -15th  of next month)

[Section 37]

 

2 Accept, Add, verify, validate, modify or delete in FORM GSTR-2 (Regular dealers) and GSTR-4 (Composition dealers) the details of inward supplies communicated to him by the supplier AND Prepare the details of his inward supplies and credit or debit notes etc. received by him which have not been declared by the supplier in his details of outward supplies. [Section 38(1)] [Rule 1(4)]

Furnishing  details of inward supplies (incl. credit notes and debit notes) including those on which the tax is payable on reverse charge and Those taxable under the IGST  or on which IGST is payable under section 3 of the Customs Tariff Act, 1975. in FORM GSTR-2 [Section 38(2)] [Rule 2(1)]

Such changes /details shall also be communicated to supplier. In FORM GSTR-1A [Rule 1(4)]

Details not required to be filed by:

Input Service Distributor

A non-resident taxable person

Composition dealer u/s 10

TDS Returns u/s 51

TCS Returns u/s 52

From 10th to 15th of the next month.
3 Accept or reject the details of his OUTWARD supplies communicated to him by recipient or Input Service distributor. [Section 37(2)] [Rule 1(4)] From 15th to 17th of the next month.
4 File Monthly Return  in FORM GSTR-3

To be filed by registered suppliers other than:

Input Service Distributor

A non-resident taxable person

Composition dealer u/s 10

TDS Returns u/s 51

TCS Returns u/s 52

FORM GSTR-3 Part-A (Sales/Purchase) [RULE 3(2)]

FORM GSTR-3 Part-B(Tax & Refunds) [RULE 3(3)]

No separate application for refund is required to be filed. [RULE 3(4)]

Return is mandatory even if no supplies are made during the tax period i.e. nil Return [Section 39(8)]

Upto 20th  of next month [Section 39(1)]
5 Annual Return

File return in Form GSTR-9 [Rule 21]

Return  not required to be filed by:

Input Service Distributor

A non-resident taxable person

A Casual taxable person

TDS Returns u/s 51

TCS Returns u/s 52

Annual return  is required to be furnished by Composition dealer also [Rule 4(4)] in Form GSTR-9A [Rule 21(2)]

In case turnover of a supplier exceed Rs. 1 Crore [Rule 21(2)]  then along with his annual return in Form GSTR-9B he shall submit:

1.A copy of the audited annual accounts

2.A reconciliation statement prescribed reconciling the value of supplies declared with the audited annual financial statement and such other particulars as may be prescribed

[section 44(2)]

on or before the 31st day of December following the end of such financial year.

[Section 44(1)]

6 Revised Return may be file in Form GSTR-2 [Rule 2(2)] in case:

details of outward supplies filed u/s 37 remains unmatched. [Section 37(3)]

details of inward supplies filed u/s 38 remains unmatched. [Section 38(5)]

Return cannot be revised, In case such error, omission or mistake is un-earthed as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities. [Section 39(9)]

On or before the due date of filing of return for the month of September following the end of the financial year to which such details pertain,

or

furnishing of the relevant annual return,

whichever is earlier. [Proviso to section 37(3)]

7 Final Return [Section 45]

File return in Form GSTR-10 [Rule 22]

Every registered person whose registration has been cancelled shall furnish a final return.

within 3  months of the date of cancellation or date of order of cancellation, whichever is later.

Other Returns to be filed in special cases

S.No. Particulars Time Limit
1 Quarterly  Return by Composition dealer u/s 10

After checking details in form GSTR-4A

file return in Form GSTR-4 [Rule 4(1)]

Return is mandatory even no supplies are made during the tax period i.e. nil Return [Section 39(8)]

within 18 days after the end of such quarter. [Section 39(2)]
2 Monthly  return by Input Service Distributor

After checking details in form GSTR-6A

file return in Form GSTR-6 [Rule 6]

tax deducted by the distributor shall be reflected in Part-B of Form GSTR-2A of the deductee [Rule 2(5)]

Upto 13th  of next month [Section 39(4)]
3 Monthly  TDS Returns u/s 51

File return in Form GSTR-7 [Rule 7]

TDS deducted by the deductor shall be reflected in Part-C of Form GSTR-2A of the deductee [Rule 2(6)]

Upto 10th  of next month [Section 39(3)]
4 Monthly  TCS Returns u/s 52 by E-commerce operator

File return in Form GSTR-8 [Rule 8]

TCS deducted by the deductor shall be reflected in Part-D of Form GSTR-2A of the deductee [Rule 2(7)]

Upto 10th  of next month [Section 39(3)]
5 Monthly returns by nonresident taxable person

File return in Form GSTR-5 [Rule 5]

Upto 20th  of next month

OR

Within 7 days of after the last day of the period of registration in case period of registration granted to casual  person or non-taxable person u/s 27(1)  is expiring before 20th of next month.

Which ever is earlier

[Section 39(5)]

 Some important points:

1. Returns should be filed in sequence i.e. you cannot to furnish a return for a tax period if the return for any of the previous tax periods has not been furnished. [Section 39(10)]

2. 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. [Section 40]

3. A registered person may authorize, a tax-practitioner approved by the government, to furnish his returns. However the responsibility for correctness of any particulars furnished in the return or other details filed by the goods and services tax practitioners shall continue to rest with the registered person on whose behalf such return and details are furnished. [Section 48]

4. The amount in respect of which any discrepancy in inward supply, debit note, credit notes etc. is communicated and which is not rectified by the supplier in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the recipient in his return for the month succeeding the month in which the discrepancy is communicated.[Section 42(5) & 43(5)]

5. The amount claimed as input tax credit that is found to be in excess on account of duplication of claims shall be added to the output tax liability of the recipient in his return for the month in which the duplication is communicated.[Section 42(6) & 43(6)]

6. 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 in FORM GSTR-11 along with application for such refund claim either directly or through a Facilitation Centre, notified by the Commissioner. [Rule 23(1)]

7. 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. [Rule 23(2)]

8. In FORM GSTR-1 invoice wise details of following transactions shall be made:

a. inter-State and intra-State supplies made to registered persons;

b. inter-State supplies with invoice value more than two and a half lakh rupees made to unregistered persons.

[Rule 1(1)]

9. In FORM GSTR-1 consolidated details of following transactions shall be made:

a.intra-State supplies made to unregistered persons for each rate of tax; and

b. State wise inter-State supplies with invoice value less than two and a half lakh rupees made to unregistered persons for each rate of tax.

 [Rule 1(1)]

10. In Form GSTR-2 invoice wise details of all inter-State and intra-State supplies received from registered persons or unregistered persons shall be made. [Rule 2(8) ]

11. Where the time limit for furnishing of details in FORM GSTR-1 and FORM GSTR-2 has been extended, return in FORM GSTR-3B, in lieu of FORM GSTR-3, may be furnished in such manner as may be notified by the Commissioner . [Rule 3 (5)]

12. FORM GSTR-4shall include invoice wise details of inter-State and intra-State inward supplies received from registered and un-registered persons. [Rule 4(3)]

13. FORM GSTR-4shall include consolidated details of outward supplies [Rule 4(3)]

14. Form GSTR-2A would be like 26AS statement of Income Tax. It will contain following informations:

Part-A:   Tax on Inputs &  Outputs

Part-B:   Tax distribution by ISD

Part-C:   TDS details

Part-D:   TCS details

Penalty / Late Fee for delay in filing Returns:

S.No. Particulars Late Fee
1. Delay in Furnishing:

1.       Details of outward supplies.

2.       Details of inward supplies.

3.       Monthly or Quarterly returns.

4.       Last return by casual or non-resident taxable person.

5.       Return by ISD.

6.       Return of TDS.

7.       Return by Composition Dealer.

8.       Final Return by cancelled dealer.

Rs. 100/- per day

Or

Rs. 5000/-

Whichever is less.[section 47(1)]

2. Delay in Furnishing Annual Return Rs. 100/- per day

Or

0.25% of Turnover in that particular state or union territory.

Whichever is less. [section 47(2)]

Return Forms

S.No. Title Download
1 Details of outward supplies of taxable goods and/or services effected during the tax period. Form GSTR-1
2 Details of outward supplies as added, corrected or deleted by the recipient Form GSTR-1A
3 Details of inward supplies of taxable goods and/or services claiming input tax credit Form GSTR-2
4 Details of inward supplies made available to the recipient on the basis of FORM GSTR-1 furnished by the supplier Form GSTR-2A
5 Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax Form GSTR-3
6 Notice to a registered taxable person who fails to furnish return under section 27 and section 31 Form GSTR-3A
7 Quarterly Return for compounding Taxable persons Form GSTR-4
8 Details of inward supplies made available to the recipient registered under composition scheme on the basis of FORM GSTR-1 furnished by the supplier Form GSTR-4A
9 Return for Non-Resident foreign taxable person Form GSTR-5
10 ISD return Form GSTR-6
11 Details of inward supplies made available to the ISD recipient on the basis of FORM GSTR-1 furnished by the supplier Form GSTR-6A
12 Return for authorities deducting tax at source Form GSTR-7
13 TDS Certificate Form GSTR-7A
14 Communication of acceptance, discrepancy or duplication of input tax credit claim Form GST-ITC-1A/B/C
15 Details of supplies effected through e-commerce operator and the amount of tax collected as required under sub-section (1) of section 43C Form GSTR-8
16 Annual return Form GSTR-9
17 Simplified Annual return by Compounding taxable persons registered under section 8 Form GSTR-9A
18 Reconciliation Statement Form GSTR-9B
19 Final return Form GSTR-10
20 Details of inward supplies to be furnished by a person having UIN Form GSTR-11
21 Application for enrolment as Tax return preparer Form GST-TRP-1/PCT-1
22 Acknowledgement receipt of Application for enrolment as Tax return preparer Form GST-TRP-1A/PCT-1A
23 Enrolment certificate as Tax return preparer Form GST-TRP-2/PCT-2
24 Show cause to as Tax return preparer Form GST-TRP-3/PCT-3
25 Order of cancelling enrolment as Tax return preparer Form GST-TRP-4/PCT-4
26 List of Tax return preparers Form GST-TRP-5/PCT-5
27 Consent of taxable person to Tax return preparer Form GST-TRP-6/PCT-6
28 Withdrawal of authorization to tax return preparer Form GST-TRP-7/PCT-7

 Action taken in case of Tax Discrepancies in Returns filed.

S.No. Nature of discrepancy Information to Claimant Information to Supplier When In case  discrepancy is not rectified by them
1. Discrepancy in input tax & Output Tax

 

in FORM GST MIS -1

[Rule 12(2)]

in FORM GST MIS -2

 

on or before the last date of the month in which the matching has been carried out.

 

an amount to the extent of discrepancy shall be added to the output tax liability of the recipient in his return in FORM GSTR-3 for the month succeeding the month in which the discrepancy is made available.

[Rule12(4)]

2. Discrepancy in claim of reduction in output tax liability in FORM GST MIS – 3

[Rule 16(2)]

in FORM GST MIS -4

 

shall be added to the output tax liability of the supplier and debited to tax liability register and also shown in his return in FORM GSTR-3 for the month succeeding the month in which the discrepancy is made available. [Rule 16(4)]
3. Discrepancy in the details furnished by the e-commerce operator in FORM GST MIS-5

Rule [20(1)]

in FORM GST MIS -6

 

added to the output tax liability of the supplier in his return in FORM GSTR-3 for the month succeeding the month in which the details of discrepancy are made available and such addition to the output tax liability and interest payable thereon shall be made available to the supplier electronically on the Common Portal in FORM GST MIS –5. [Rule 20(4)]

Suggestions are invited at khatrimithun@hotmail.com

Disclaimer: This article includes general information about legal issues and developments in the proposed law of GST in India. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances.

We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this article to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

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4 responses to “All about Returns under Goods & Services Tax (GST)”

  1. sunil jain says:

    good

  2. NEHA says:

    nice article

  3. Nilesh Gajjar says:

    Sir its nice article on GSTR but one query that this all returns applicable to statewise hence, will it be hectic for assessees……Pl do also comment on this issue Multiple Statewise Registration

    • CA MITHUN KHATRY says:

      Nilesh ji,
      in caes you have more than one registration may be due to more than one place of business in different state or due to more than one business verticals in same state, you will have to file another minimum 37 returns.
      we have to accept it.

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