There have been many amendments, relaxations, due date extensions and many more in respect of GST Annual Returns. In this article these aspects and key features were briefly discussed with bullet points providing relevant notification references wherever required.  At the end of the article, due date table was also given for ready reference. This article is based on the law as on 18-04-2020.

Paragraph 1 contains the key aspects of GSTR-9 whereas Paragraph 2 contains key aspects of GSTR-9C.

1. GSTR-9: Every registered person should file annual return in Form No.GSTR-9 as per Section 44(1) of the CGST Act read with Rule 80 of CGST Rules. The following important points may be noted:

a. This form has to be filed by every registered person irrespective of his turnover. It means even if turnover is NIL, he has to file this form.

b. This form has to be filed even if he is registered for one day during the financial year.

c. If a person is having multiple registrations, then this form has to be filed separately for each registration.

d. For composition dealers this form is not applicable. Composition tax payers have to file annual return in Form No. GSTR-9A. However filing of GSTR-9A, made optional (Circular No.124/43/2019-GST dated 18-11-2019) for FY 2017-18 and also for FY 2018-19.

e. Tax payers who changed from regular to composition during a financial year, then they have to file both forms i.e. GSTR-9 and GSTR-9A.

f. State or Central Government Departments, Municipalities or any other local authority needs to file annual return. However, if they obtained GST registration only for tax collection or tax deduction, then such tax payers need not file annual return.

g. No audit or CA/CMA certification is necessary.

h. A PAN holder may be having more than 1 GST registration. This form has to be filed for each GST Registration separately.

i. Form GSTR-9 has to be filed on or before 31st December of next financial year as per Sec 44(1). However as per newly inserted Explanation to Sec.44, the due date for filing the annual return is 31st March 2020 for Financial Year 2018-19. This was further extended to 30-06-2020 (Notification No.15/2020 CT dated 23-03-2020)

j. For Financial Year 2017-18 the due dates are extended upto 5th /7th February 2020 (Notification No.06/2020 CT dated 03-02-2020)

k. If turnover is less than or equal to Rs.2 Crore, then filing of annual return GSTR-9 is optional for FY 2017-18 and also for 2018-19 (Notification No.47/2019 CT dated 09-10-2019)

l. Filling up of certain fields in form GSTR-9 were made optional FY 2017-18 & 2018-19 (Notification No.56/2019 CT dated 14-11-2019)

m. The following persons need not file Annual Return in Form No.GSTR-9:

i. Input Service Distributor

ii. Person paying tax u/s 51 of CGST Act i.e., (GST- TDS)

iii. Person paying tax u/s 52 of CGST Act i.e., (GST-TCS). In case of electronic commerce operator who collects tax, needs to file Form No. GSTR-9B.

iv. Casual taxable person

v. Non-resident taxable person

vi. Supplier of OIDAR Services (Notification No.30/2019 CT dated 28-6-2019)

2. GSTR-9C: Every registered person If aggregate turnover (pan based turnover) crosses Rs.2 Crores, then annual return GSTR-9 should be filed along with audit report in Form No.GSTR-9C as per Sec.35(5) read with Sec. 45(2) & Rule 80. The following important points may be noted:

a. This form has to be audited by an auditor either CA or CMA which contains 2 parts i.e., Part A is called Reconciliation Statement & Part B is called audit certificate.

b. Books and GSTR-9 will be compared in the form of a reconciliation statement. Additional liability if any can be recommended by the auditor in this form.

c. A PAN holder may be having more than 1 GST registration. This form has to be filed for each GST Registration separately.

d. The aggregate turnover threshold limit of Rs.2 Crores is increased to Rs.5 Crores for the Financial Year 2018-19 as per the newly inserted proviso to Rule 80(3). In other words, Form GSTR-9C for FY 2018-19 should be filed only when turnover crosses Rs.5 Crores.

e. As per the existing GST Return filing schema, GSTR-9C will be allowed to be filed only after filing GSTR-9.

f. GSTR-9C is to be filed in the taxpayer login only. There is no separate login for the auditor to upload the signed GSTR-9C.

g. As GSTR-9C is like an annexure to GSTR-9, there will not be any separate due date. Whatever is the due date for GSTR-9, the same due date is applicable for GSTR-9C also.

h. Filling up of certain fields in form GSTR-9C were made optional for FY 2017-18 & 2018-19.(Notification No.56/2019 CT dated 14-11-2019)

i. The following persons need not get their accounts audited and need not file GSTR-9C:

i. Central or State Government Department

ii. Local Authority

iii. Input Service Distributor

iv. Person paying tax u/s 51 of CGST Act i.e., (GST- TDS)

v. Person paying tax u/s 52 of CGST Act i.e., (GST-TCS). In case of electronic commerce operator who collects tax, needs to file Form No. GSTR-9B.

vi. Casual taxable person

vii. Non-resident taxable person

viii. Supplier of OIDAR Services (Notification No.30/2019 CT dated 28-6-2019)

Due dates for filing GST Annual Return GSTR-9A for Financial Year 2018-19 in case of Composition Taxable Person
Type of Taxable Person

 

GSTR-9A Due Date
All Composition Taxable Persons irrespective of Turnover Filing GSTR-9A is optional

(Circular No. 124/43/2019-GST)

30-06-2020

(Notification No.15/2020 CT)

Due dates for filing GST Annual Return GSTR-9 & GSTR-9C for Financial Year 2018-19 in case of Regular Taxable Person as on 18-04-2020
Turnover Criteria     Due Date
GSTR-9 GSTR-9C
Upto Rs.2 Crores Optional (Notification No.47/19 CT) Not Required  (Sec 35(5) r.w. 80(3)) 30-06-2020 (Notification No.15/ 20 CT)
Above 2 and upto Rs.5 Crores Compulsory (Sec. 44(1)) Not Required (Proviso to Rule 80(3)) 30-06-2020 (Notification No.15/ 2020 CT)
Above Rs.5 Crores Compulsory (Sec. 44(1)) Compulsory (Rule 80(3)) 30-06-2020 (Notification No.15/ 2020 CT)

Note1: If optional returns are not filed before the due date, it will be presumed that the return are filed Circular No. 124/43/2019-GST).

(Republished with Amendments)

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