Statutory provisions for filing of Annual GST Return

Statutory provisions for filing GST Annual Return (series on Annual Return and GST Audit -1 )

I am starting a series on Annual Return and GST Audit u/s 35(5), taking into account practical aspects to be taken care of to file Annual Returns and to certify the GST Audit Reports.

This series will cover right from the basic concepts and in-depth analysis of each and every clause in the Annual Return and Audit Report by taking into practical aspects.

In this article I am going to cover statutory provisions, applicability and return filing procedure of GST Annual Return Form GSTR 9, 9A and then it will be on GSTR 9C.

“GST is economic integration of India just like what Sardar Vallabhbhai Patel had done decades back to integrate the country.”

1. Statutory provisions for filing GST Annual Return

Applicable provisions:

• Sec 44(1)
• Rule 80(1)
• Rule 80(2)

Section 44 Annual return.-

(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 for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year.

Rule 80 Annual return.-

(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 subsection (1) of section 44 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 in FORM GSTR-9A.

(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.

(Extracted from:Bare Act of CGST Act,2017 and CGST Rules,2017)

Analysis:

♣ Applicability:

This section is applicable to all registered person irrespective of the Turnover Limit except for the below mentioned persons:

• Input Service Distributor – Section 2 (61)
  ( ISD mechanism is meant only for distributing the credit on common invoices pertaining to input services only but there is no supply of goods or services)

• A person paying tax under Section 51 (TDS)
  (Person registered under this section shall be required to deduct tax at source @ 1% (e 0.5% of CGST and 0.5% of SGST) on the payment made or credited to the supplier. where the total value of supply under a contract exceed Rs.2,50,000/-excluding GST, this section came into force from 1^st of October,2018)
• A person paying tax under Section 52 (TCS)
  (TCS refers to tax which is collected by the electronic commerce operator g., Amazon, Flipkart etc., when a supplier supplies some goods or services through its portal and the payment for that supply is collected by the electronic commerce operator. Person registered under this section shall be required to collect tax @ 1% (i.e 0.5% of CGST and 0.5% of SGST)

[ Person paying tax under section 51 or section 52 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. ]

• A casual tax Taxable person – Section 2(20)
  (Casual taxable person means a person who supplies taxable goods or services occasionally in a taxable Territory where he does not have a fixed place of business.)
• Non-resident taxable person – Section 2(77)
  (NTP means a person who supplies taxable goods or services occasionally in a taxable Territory where he does not have a fixed place of business in INDIA)
  

♣ Filing:

Annual Return has to be filed through the common portal (www.gst.gov.in) by preparing it online or uploading a JSON generated by the utility provided by the department either directly or through facilitation centre notified by the Commissioner.

♣ Periodicity:

Annual Return must be filed Every Financial Year.

♣ Due Date:

Annual Return is to be filed by 31^st day of December following the end of Financial Year. For example for the FY 2017-18 due date would be 31^st of December,2018. 

Forms: 

• And the applicable forms for Annual Return has been mentioned in Central Goods and Services Tax (CGST) Rules, 2017 Part – B (FORMS) and Inserted vide notification No. 39/2018-CT, dated 04.09.2018.
  (Copy of the Notification: http://www.cbic.gov.in/htdocs-cbec/gst/Notification-39-2018-central_tax-English.pdf)

• Rule 80(1) has prescribed
  • FORM GSTR 9 for Regular Tax Payers
  • FORM GSTR 9A for persons paying tax under section 10 i.e., Composition Tax Payers
    

• Rule 80(2) has prescribed
  • FORM GSTR 9B for E-commerce Operators

GSTR 9 and GSTR 9A has been notified vide notification No. 39/2018-CT, dated 04.09.2018. but GSTR 9B has been not yet notified since, provision of section 52 is applicable from 01st October 2018 only, they are not required to file GSTR-9B for the financial year 2017-18.