Furnishing Details of Outward Supplies [GSTR 1] – Sec 37 – CGST Act 2017 (GST Series – Part 24)
1. The details of outward supplies are required to be furnished by all the normal and casual registered taxpayers in a monthly Statement ie GSTR 1. Section 37 of the CGST Act read with Rule 59 covers the provisions and prescribed manner of furnishing such details in GSTR 1.
2. Statutory Provisions:
|Section 37(1)||Every registered person, shall furnish, electronically, the details of outward supplies during a tax period on or before the tenth day of the month succeeding the said tax period and such details shall be communicated to the recipient of the said supplies.
The following persons are not required to furnish details under sec 37(1):-
(a) Input Service Distributor
(b) Non-resident taxable person
(c) Composition dealer paying tax under the provisions of section 10
(d) Person liable to collect tax at source under section 51
(e) The person is liable to deduct tax at source under section 52 of the CGST Act.
|Explanation to section 37||Details of outward supplies” shall include details of invoices, debit notes, credit notes, and revised invoices issued in relation to outward supplies during any tax period.|
|first proviso to Section 37(1)||the registered person shall not be allowed to furnish the details of outward supplies during the period from the eleventh day to the fifteenth day of the month succeeding the tax period|
3. Power to extend the time limit :
|Second proviso to section 37(1)||Commissioner in Board can extend the time limit for furnishing such details by issuing a notification.|
|Third proviso to section 37(1)||Any extension granted by Commissioner of State Tax or Commissioner of Union Territory Tax shall be deemed to be notified by Commissioner in Board
Thus, extension by Commissioner of State GST/UTGST is sufficient for the purpose.
4. Manner to furnish the details :
|The details of outward supplies of goods or services or both under section 37 shall be furnished in form GSTR-1 electronically through the Common Portal.
Supplier of OIDAR (online information and database access or retrieval) service is not required to file GSTR-1 return
|Details of outward supplies furnished in FORM GSTR 1 shall include the following :
5. Action by the recipient
|Provision under this section is not relevant as it pertains to GSTR 2 which was envisaged at the time of introduction of GST but is not implemented to date.
Every registered person who has been communicated the details under section 38, shall either accept or reject the details so communicated, between fifteenth to the seventeenth day of the month succeeding the tax period and the details furnished by him under sub-section (1) shall stand amended accordingly
As per sec 38, the recipient shall modify, delete or include the details furnished by the supplier and communicated to the supplier concerned.
6. Rectification of Errors
|Section 37(3)||Any registered person, who has furnished the details under sub-section (1) for any tax period, shall, upon discovery of any error or omission therein, rectify such error or omission, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission in the return to be furnished for such tax period.
The rectification/amendment can be done through Table 9 and Table 10 of GSTR 1
|first proviso to section 37(3)||The rectification of error or omission shall not be allowed after furnishing of GSTR 3B (the return under section 39) for the month of September following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier.|
|second proviso to section 37(3)||The rectification of error or omission in respect of GSTR 1 for the year 2017-18 shall be allowed till the due date for furnishing GSTR 1 for the month of March 2019 or for the quarter January 2019 to March 2019 – inserted vide Removal of Difficulties Order No. 02/2018 dated 31-12-2018.
Further, the invoices and debit notes pertaining to the period July 2017 to March 2018 could be uploaded by the supplier in his GSTR-1 return up to return of March 2019 (i.e. 10-4-2019) and the recipient could take its credit in his GSTR-3B return up to return for the period up to March 2019 ( i.e. 20-4-2019).
7. Details of outward supplies made available to the recipients
|The details of outward supplies furnished by the supplier shall be made available electronically to the concerned registered persons (recipients) in Part A of Form GSTR-2A, (registered person paying tax under the normal scheme) in Form GSTR-4A (person paying under composition scheme) and in Form GSTR-6A (ISD) through the Common Portal after the due date of filing of Form GSTR-1.|
8. Contents of GSTR 1 The GSTR-1 return is details of outward supplies of goods or services containing 13 Tables
8.1 Preliminary details :
|Table 1||GSTIN||PAN-based 15-digit Goods and Services Taxpayer Identification Number|
|Table 2||Name||Registered person’s legal name & Trade Name, if any|
|Table 3||Turnover||Aggregate turnover in the preceding financial year|
|Details of Table 1 to Table 3 will be auto-populated|
8.2 Taxable outward supplies made to registered persons including UIN holders:
|Table 4||B2B Supplies||Invoice wise details of taxable outward supplies made to registered persons ( other than supplies attracting reverse charges & supplies through e-commerce operators )|
|Supplies attracting tax on reverse charge basis.|
|Supplies made through e-commerce applying TCS.|
8.3 Taxable outward inter-state supplies to an unregistered person where the invoice value is more than Rs. 2.5 lakh :
|Table 5||B2 C supplies above Rs 2.50 lakhs||Invoice wise details of taxable outward inter-State supplies (other than made through e-commerce) to unregistered persons where the invoice value exceeds Rs. 2.50 lakhs.|
|Supplies made through e-commerce applying TCS|
8.4 Zero-rated supplies and Deemed Exports:
|Table 6||Zero-rated supplies||Exports made during the tax period.
(Details of shipping bill shall be in 13 digits (six-digit port code and seven-digit number of shipping bill)
|Supplies made to SEZ Units or SEZ developers|
8.5 Taxable supplies (net of debit notes and credit notes) to unregistered persons, other than supplies covered under Table 5
|Table 7||B 2 C supplies below Rs. 2.50 lakhs||Consolidated intra-State outward supplies (Including supplies made through e-commerce)|
|Out of the supplies above the value of supplies made through e-commerce (operator wise)|
|Consolidated inter-State outward supplies (rate-wise and State-wise)|
8.6 Nil rated, exempt, and non-GST outward supplies:
|Table 8||Nil rated, exempted and
non-GST outward supplies
|Interstate supplies to the registered person||Invoice wise break up not required|
|Intrastate supplies to the registered person|
|Interstate supplies to unregistered person|
|Intrastate supplies to the registered person|
8.7 Amendments to taxable outward supply details furnished in returns for earlier tax periods including current and amended debit notes, credit notes, and refund vouchers
|Table 9||B2B transactions||Details of incorrect invoices and shipping bills submitted on previous returns, along with the corrections|
|Original debit notes, credit notes and refund vouchers created during the current tax period|
|Changes made to the debit notes, credit notes and refund vouchers filed during earlier tax periods|
|Invoice or credit note once filed cannot be amended. The details in the earlier return filed can be rectified later only through this table.|
8.8 Amendments to taxable outward supplies to unregistered persons, details furnished in returns for earlier tax periods :
|Table 10||B2C transactions||Amendments made to intra-state supplies made either online or offline during previous tax periods including the GSTINs of the parties involved
Amendments made to inter-state supplies made either online or offline during previous tax periods including the GSTINs of the parties involved
|The tax period wise details are required to be submitted.|
8.9 Consolidated Statement of Advances Received or adjusted in the current tax period, and amendments from earlier tax periods :
|Table 11||Part I||Consolidated statement of advances received/advance adjusted in the current period – Rate wise break up of interstate and intra-State supplies is required to be given.
The details are required only if the advance is not adjusted during the same tax period.
|Part 2||Amendment of information furnished in table 11(I) in GSTR 1 for the earlier period|
8.10 HSN-wise summary of outward supplies :
|Table 12||HSN wise summary of outward supplies||HSN code required if turnover exceeds Rs. 1.50 crores. In the case of turnover below Rs. 1.50 crores, instead of HSN code, a description of goods can be given.|
8.11 Documents issued during the tax period :
|Table 13||Documents issued during the tax period||Serial numbers of issued including cancelled documents are to be given. The documents are – Invoices, Revised invoice, Debit Note, Credit Note, Receipt Voucher, Payment Voucher, Refund Voucher, Delivery Challan for (a) job work (b) supply on approval (c) supply of liquid case (d) Other than by way of supply excluding above|
9. Other relevant provisions
9.1 The periodicity of filing GSTR 1 is based on turnover. Businesses with turnover up to Rs. 1.5 crore have an option to file quarterly returns. Taxpayers with turnover above Rs. 1.5 crores have to file monthly return.
9.2 The due date to file Form GSTR-1 for a given tax period is 11th day of the succeeding month in case of taxpayers filing it monthly and the last date of the month succeeding the end of every quarter in case of taxpayers filing quarterly or such other dates as may be extended by Government through notification.
9.3 Late Fees for not filing GSTR-1 is Rs. 200 per day of delay ( 100 CGST+ 100 SGST )The late fees will be charged from the date after the due date. The late fees have been reduced to Rs. 50 per day and Rs 20 per day (for nil return)
9.4 Nil GSTR-1 can now be filed by the authorized person of the registered business via SMS
10. Proposed Changes – linking of GSTR 1 and GSTR 3B
The government plans to scrap the new returns format proposed last year and streamlining the existing GSTR-1 and GSTR-3B returns. The new return system was supposed to be launched on 1 October this year.
The existing GSTR 1 form, which captures sales-related information, will be more detailed. The Form GSTR 3B, which gives the tax computation, will be auto-populated. Auto-calculation of liability in GSTR 3B will be based on the data furnished in GSTR 1 . It will reduce the chances of difference between GSTR 1 and GSTR 3B
The GSTN is also looking to reduce errors on part of taxpayers by improving the process of linking GSTR1 with GSTR3B and GSTR2A data with GSTR3B for the flow of ITC.
The author can be approached at [email protected]
Part 25 of the series will cover the topic “Furnishing of Returns ” under Section 39 of CGST Act 2017