December 2022 turned out to be a hectic month for the businesses, consultants, and tax practitioners alike in GST with 31st December 2022 being the due date for filing of GSTR-9 and GSTR-9C for FY 2021-22. The month also saw the concurrence of 48th GST Council Meeting with several important changes and decisions recommend. These changes were subsequently introduced through circulars and notifications issued in last week of December 2022.
The article enlists the important compliances due dates and various updates under the GST that have taken place during the past month, impacting the taxpayers at large.
A. GST Compliance Calendar:
The below tables capture these compliances in detail to ensure that the taxpayer files the returns and pay taxes under GST within the timeline to avoid late fee and interest liabilities.
GSTR-1 –
Taxpayer type | Form type | Return filing frequency | Tax Period | Due date |
Taxpayers having an aggregate turnover of MORE than Rs. 1.50 Crores | GSTR-1 | Monthly | December 2022 | 11 Jan 2023 |
Taxpayers having an aggregate turnover of LESS than Rs. 1.50 Crores | GSTR-1 | Monthly | December 2022 | 11 Jan 2023 |
Taxpayers having an aggregate turnover of LESS than Rs. 1.50 Crores | GSTR-1 IFF (QRMP scheme taxpayers) | Quarterly | December 2022 out of Oct – Dec 2022 quarter | 13 Jan 2023 |
GSTR-3B –
This return contains the details of outward supplies (consolidated data of GSTR-1), inward supplies subject to RCM payment, ITC details, exempt, nil-rated, and non-GST inward supplies, payment of tax details, etc.
Aggregate turnover | Return filing frequency | State | Tax Period | Due date |
Greater than 5 crores | Monthly | All states | October 2022 | 20 Nov 2022 |
Up to 5 crores | Monthly | All states | December 2022 | 20 Jan 2023 |
Up to 5 crores | Quarterly | Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman & Diu and Dadra & Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep | Oct – Dec 2022 | 22 Jan 2023 |
Up to 5 crores | Quarterly | Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi | Oct – Dec 2022 | 24 Jan 2023 |
Note:
1. Reconciliation of ITC with GSTR-2B auto-populated details of invoices is mandatory for availment of ITC in GSTR-3B by the recipient taxpayer.
2. Mandatory separate disclosures of ineligible ITC and ITC reclaimed during the month in GSTR-3B. The Department has started sending intimation to the companies to comply with the disclosure norms for Ineligible ITC in GSTR-3B.
3. As a result of the implementation of budget changes, the portal is no longer allowing the taxpayers to file the GSTR-3B if the GSTR-1 return for the same tax period is no filed. Consequently, sequential filing of GST returns has become mandatory on GSTN portal.
Other returns and forms–
Return form | Return/ form filing frequency | Who are required to file | Tax Period | Due date |
GSTR-5 and GSTR-5A | Monthly | Non-Resident Taxpayers and ODIAR services provider | December 2022 | 20 Jan 2023 |
GSTR-6 | Monthly | Input Service Distributors | December 2022 | 13 Jan 2023 |
GSTR-7 | Monthly | GSTR 7 is a return to be filed by the persons who is required to deduct TDS (Tax deducted at source) under GST | December 2022 | 10 Jan 2023 |
GSTR-8 | Monthly | GSTR-8 is a return to be filed by the e-commerce operators who are required to deduct TCS (Tax collected at source) under GST | December 2022 | 10 Jan 2023 |
PMT-06 | 1st and 2nd month of every quarter | QRMP scheme taxpayers (filed for 1st and 2nd month of every quarter) | December 2022 | 25 Jan 2023 |
GSTR-11 | Monthly | Persons having Unique Identification Number | December 2022 | 28 Jan 2023 |
B. GST Updates:
- Circular No. 183/15/2022-GST dated 27 December 2022 has provided clarification on ITC reconciliation for FY 2017-18 and FY 2018-19. According to the Circular, for FY 2017-18 and FY 2018-19, the department should verify the fulfillment of conditions laid down in Section 16 of CGST Act i.e., –
a) he is in possession of a tax invoice or debit note issued by the supplier or such other tax paying documents.
b) he has received the goods or services or both.
c) he has made payment for the amount towards the value of supply, along with tax payable thereon, to the supplier.
The Circular is a welcome move as it will save the taxpayers from the exorbitant demands raised by the authorities and undue harassment to meet the tax targets.
- In respect of taxability of renting of residential dwelling under RCM, the following clarification has been provided –
No GST is payable where the residential dwelling is rented to a registered person if it is rented it in his/her personal capacity for use as his/her own residence and on his own account and not on account of his business.
Disclaimer: The above article is based on the author’s understanding and view of the tax laws, tax rules, the relevant circulars, and notifications. Please refer to the latest law and consult the author before forming any opinion basis the information provided above as tax laws are subject to frequent changes. The author is not responsible for any issues arising because of opinion based on the above article without consultation. In any manner whatsoever, the views expressed in this article should not be construed as the views of the firm, the author is associated with. The author can be contacted at [email protected].
GSTIN required for sell online?
Hi Bharat, major e-commerce platforms nowadays require the seller to take registration under GST.