All taxpayers registered under GST Act has to file Annual Return. The normal taxpayers will need to file GSTR-9 return from while composition taxpayers will have to file GSTR-9A. There are some exception for not filing GST Annual return as follows:
Persons who are not required to File GST Annual Return
The following person are not required to file Annual GST Return.
- Casual Taxable Person
- Input Service Distributors
- Non-Resident Taxable persons
- Persons paying TDS u/s 51 of CGST Act 2017
Types of GST Annual Return – GSTR 9
There are following GST Annual return forms for different taxpayers.
|Persons||GST Return Form|
|Regular Tax Payers||GSTR-9|
|Composition Scheme Tax Payers||GSTR-9A|
|e-Commerce operators||GSTR 9B|
|Person Whose Turnover Rs.2 Crore||GSTR 9C|
GST Annual Return Due Dates
As per the notification no. 39 Central Tax, the taxpayers are required to file GST Annual return by 31st December 2018 (for F.Y. 2017-18).
Penalty for Late Filing of GST Annual Return
A late fee of Rs.100 per day of under CGST & Rs. 100 SGST, total penalty is Rs.200 per day of default. The maximum amount of late fee that can be levied in case of taxpayers who have filed delayed returns is up to .25% of the turnover in the respective state or union territory.
Audit Limit under GST
Every registered person whose aggregate turnover exceeds Rs. 2 Crs. during the financial year, needs to ensure following –
To get his accounts audited as required by section 35 (5) of the CGST Act;
To furnish a copy of above audited annual accounts;
To file a reconciliation statement in FORM GSTR-9C, electronically.
The CBIC has, vide Notification no. 49/2018–Central Tax; Dated: 13.09.2018, issued the format of such reconciliation statement to be filed in FORM GSTR-9C. FORM GST-9C provides the reconciliation of tax paid, input tax credit availed and the turnover. This has been done by amending CGST Rules whereby in the FORMS to the Central Goods and Services Tax Rules, 2017, after FORM GSTR-9A, the “FORM GSTR-9C has been inserted (See rule 80(3) also).
PART – A – Reconciliation Statement – Part A has following sub-parts as follows:
- Basic Details
- Reconciliation of turnover declared in audited Annual Financial Statement with turnover declared in Annual Return (GSTR-9)
- Reconciliation of tax paid
- Reconciliation of ITC declared in Annual Return (GSTR-9) with ITC availed on expenses as per audited Annual Financial Statement or books of account
- Auditor’s recommendation on additional Liability due to non-reconciliation
Verification – The Auditor has also to verify the details as provided in the Notification as per following:
Verification: I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed there from.
**(Signature and stamp/Seal of the Auditor)
The Format also require Auditor to indicate Place, Name of the signatory, Membership Number, Date and Full address at the end of verification.
PART – B- Certification – This part has two sub-parts as follows:
- Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by the person who had conducted the audit.
- Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by a person other than the person who had conducted the audit of the accounts
Download ICMAI Guidance Notes on GST Annual Return – Download Here