The Compliances have undergone a significant change in the last month with implementation of several changes announced in Finance Act, 2022 with effect from 1 October 2022. The extension of timelines to rectify the details and avail ITC relating to previous financial year has come as a sort of welcome relief for the taxpayers. Also, the government and CBIC is undertaking measures to help the taxpayers with the filing of transitional returns because of the Supreme Court order considering the portal will close on 30th November 2022 for such transitional returns.
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 | October 2022 | 11 Nov 2022 |
| Taxpayers having an aggregate turnover of LESS than Rs. 1.50 Crores | GSTR-1 | Monthly | October 2022 | 11 Nov 2022 |
| Taxpayers having an aggregate turnover of LESS than Rs. 1.50 Crores | GSTR-1 IFF (QRMP scheme taxpayers) | Quarterly | October 2022 out of Oct – Dec 2022 quarter | 13 Nov 2022 |
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 | October 2022 | 20 Nov 2022 |
| 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 November 2022 |
| 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 November 2022 |
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.
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 | October 2022 | 20 Nov 2022 |
| GSTR-6 | Monthly | Input Service Distributors | October 2022 | 13 Nov 2022 |
| 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 | October 2022 | 10 Nov 2022 |
| 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 | October 2022 | 10 Nov 2022 |
| PMT-06 | 1st and 2nd month of every quarter | QRMP scheme taxpayers (filed for 1st and 2nd month of every quarter) | October 2022 | 25 Nov 2022 |
| GSTR-11 | Monthly | Persons having Unique Identification Number | October 2022 | 28 Nov 2022 |
B. GST Updates:
1. Mandatory 4-digit reporting of HSN codes (where applicable as per law) on GSTN portal.
2. Sequential filing of GST returns now mandatory on GSTN portal. If the taxpayer fails to file the GSTR-1 of October 2022, it will not be able to open the GSTR-3B return on GSTN portal for filing.
3. 30th November 2022 is the last date for filing of TRAN-1 and TRAN-2 return as per the Hon’ble Supreme Court instructions.
4. As per the amendment in GST Act, allied rules and related clarifications provided by the CBIC, GSTR-1 and GSTR-3B of October 2022 is the last return for the following activities:
-
- Time limit to issue credit notes against invoices of FY 2021-22 is now extended to 30th November 2022.
- Time limit to rectify the errors in GST returns of FY 2021-22 is now extended to 30th November 2022.
- Time limit to avail ITC for invoices/ debit notes of FY 2021-22 is now extended to 30th November 2022.
5. Hon’ble Madras High Court in the case of Mallika Mahal vs. The Commissioner of Central GST and Central Excise (WP.Nos.10663 of 2022 dated August 17, 2022) has directed the assessing authority to ask GSTN to make necessary changes in the GSTN portal to allow the taxpayer to file GST returns and make tax payment for the period before cancellation of GST registration.
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].
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