Q1. What is Legal provision for filling GST Annual Return?

Ans. Legal requirement of filing Annual return hereafter called GSTR-9 is governed by section 35(5) and section 44(1) of CGST Act. Section 44(1) of CGST Act read with Rule 80(1) of CGST Rules requires that every Registered person other than

–  an Input Service Distributor,

–  a person paying tax under section 51 (TDS) or section 52 (TCS),

–  a casual taxable person and

–  a non-resident taxable person,

Shall furnish an annual return for every financial year electronically in Form GSTR-9 through the common portal (www.gst.gov.in) either directly or through facilitation center on or before the thirty-first day of December following the end of such financial year.

Further, as per section 35(5) of CGST Act, every registered person whose turnover during a financial year exceeds the prescribed limit (Rs. 2 cr.) shall get his accounts audited by a chartered accountant or a cost accountant and shall submit a copy of the audited annual accounts, the reconciliation statement (GSTR-9C) under sub-section (2) of section 44 and such other documents in such form and manner as may be prescribed. Reconciliation statement – GSTR-9C is reconciliation of data as per books of accounts and data as reported in GSTR-9.

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One Comment

  1. Kamal says:

    I have claimed some ITC of 2017-18 in the GSTR-3B of March 2019. Should I have to declare this in the annual return GSTR-9 of 2017-18? If yes then where?

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June 2021