Impact of Recent clarifications on GSTR-9 & GSTR-9C

Impact of Clarifications on GSTR-9 & 9C by Press Release dated 9.10.2020 

Ministry of Finance has issued a Press Release on 09th October 2020 issuing certain clarifications while filing GSTR-9 & 9C for F.Y. 2018-19.

Currently, the taxpayers are facing issue in GSTR-9 in reporting transactions pertaining to F.Y. 2017-18 which was reported in GST returns of 2018-19 as there is no specific column for the same. Such values were already reported in GSTR-9 of F.Y. 2017-18 in Tables 10 to Table 14.

To address this issue, the Government has clarified as under in respect of reporting of values in Table 4,5,6 & 7 of GSTR-9:

In this regard, it is clarified that the taxpayers are required to report only the values pertaining to Financial Year 2018-19 and the values pertaining to Financial Year 2017-18 which may have already been reported or adjusted are to be ignored. No adverse view would be taken in cases where there are variations in returns for taxpayers who have already filed their GSTR-9 of Financial Year 2018-19 by including the details of supplies and ITC pertaining to Financial Year 2017-18 in the Annual return for FY 2018-19. 

Accordingly, the Outward liability or Input tax credit pertaining to F.Y. 2017-18 reported in GST returns of F.Y. 2018-19 would be excluded from respective Tables 4,5,6 & 7. If the transactions are reported in accordance with the Press Release, still there will be some unresolved issues which are explained in our attached Note (explained with example). 

A. Outward Liability- Difference in Table 9 (Tax Payable vs. Tax paid)

The above difference is not apparent on the fact of GSTR-9 but a crucial exercise to undertake to reconcile transactions as per books of accounts vs. GST returns. The above difference can either be positive or negative depending on the nature of adjustments done in GSTR-3B of F.Y. 2018-19 in respect of transactions of F.Y. 2017-18 i.e. either additions or reduction in output liability.

B. Input Tax Credit (Difference in Table 6J)

Ideally, there should not be any difference arising in Table 6J as per the design of GSTR-9. However, due to spill over effects of transactions of F.Y. 2017-18 reported in GST returns of F.Y. 2018-19, there could be a difference coming in Table 6J which may need to be explained suitably to the Department.

Similarly, the ITC reversal amount to be disclosed in Table 7 of GSTR-9 will not include reversals pertaining to F.Y. 2017-18 if we go by Press Release. 

C. Table 12B of GSTR-9C becoming redundant.

The above treatment of non-reporting of ITC pertaining to F.Y. 2017-18 in GSTR-9 of F.Y. 2018-19 will reduce the Net ITC available for utilization as appearing in Table 7J. The data from Table 7J will flow to Table 12E of GSTR-9C. Since Table 7J does not have any spill-over ITC of F.Y. 2017-18, then no amount is required to be reported in Table 12B of GSTR-9C- ITC booked in earlier Financial Years claimed in current Financial Year which is added in Table 12A to reconcile with total ITC claimed in GSTR-9. In our opinion, the Table 6 of GSTR-9 is appropriately designed to disclose details of ITC claimed in GSTR-3B irrespective of the period to which it pertains. The same is also in complete sync with Table 12 of GSTR-9C. However, non-reporting of ITC pertaining to F.Y. 2017-18 in GSTR-9 of F.Y. 2018-19 will make Table 12B redundant. 

(CA Nikhil M. Jhanwar) 

Disclaimer: The information in this document is for educational purposes only and nothing conveyed or provided should be considered as legal, accounting, or tax advice.