Annual Return under Goods and Service Tax

Annual return (Section 44)

The government has notified an annual return under GSTR 9 form to be filed once in a year by the registered taxpayers under GST including those registered under composition levy scheme. It consists of details regarding the supplies made and received during the year under different tax heads i.e. CGST, SGST and IGST. It consolidates the information furnished in the monthly/quarterly returns during the year.

Filling of GSTR 9 annual return

As per Section 44 (1) of CGST Act, 2017, all the registered taxable persons under GST must file GSTR 9 form. However, the following persons are not required to file GSTR 9

• Casual Taxable Person
• Input Service distributors
• Non-resident taxable persons
• Persons paying TDS under section 51 or section 52 of GST Act.

As per Section 44 (2) of CGST Act, 2017, Every registered person who is required to get his accounts audited in accordance with the provisions section 35(5) shall furnish, electronically, the annual return (Form GST 9C) under Section 44(1) along with a copy of the audited annual accounts and a reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year with the audited annual financial statement, and such other particulars as may be prescribed.

Types of return under GSTR-9 form

Rule 80(1): Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return as specified under section 44(1) electronically in FORM GSTR-9 through the common portal either directly or through a Facilitation Centre notified by the Commissioner:

Provided that a person paying tax under section 10 shall furnish the annual return inform GSTR-9A.

Rule 80(2): Every electronic commerce operator required to collect tax at source under section 52 shall furnish annual statement referred to in sub-section (5) of the said section in FORM GSTR -9B.

Rule 80(3): Every registered person whose aggregate turnover during a financial year exceeds 2 crore rupees shall get his accounts audited as specified under section 35(5) and he shall furnish a copy of audited annual accounts and a reconciliation statement, duly certified, in FORM GSTR-9C, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner

In brief, there are 4 types of return under GSTR 9:

1. GSTR 9: GSTR 9 should be filed by the regular taxpayers filing GSTR 1, GSTR 2, GSTR 3.

2. GSTR 9A: GSTR 9A should be filed by the persons registered under Composition scheme under GST.

3. GSTR 9B: GSTR 9B should be filed by the e-commerce operators required to collect tax under Section 52.

4. GSTR 9C: GSTR 9C should be filed by the taxpayers whose annual turnover exceeds Rs 2 crores during the financial year. All such taxpayers are also required to get their accounts audited and file a copy of audited annual accounts and reconciliation statement of tax already paid and tax payable as per audited accounts along with GSTR 9C.

Due date of Annual return under GSTR-9

Annual return under GSTR-9 to be filed electronically on or before 31st December of the next financial year.

For example, for FY 2017-18, the due date for filing GSTR 9 is 31st December 2018.

Penalty for the late filing/Non-filing of GSTR-9 form

Section 47(2) of CGST Act, 2017: Any registered person who fails to furnish the return required under section 44 by the due date shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter percent (0.25%) of his turnover in the State or Union territory.

In brief, a late fee of Rs.100 per day under CGST & Rs.100 under SGST, total penalty is Rs.200 per day of default. The maximum amount of late fee that can be levied in case of taxpayers who have filed delayed returns is up to 0.25% of the turnover in the state or union territory.