GST ANNUAL RETURN: Section 44(1) requires that every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form(Form GSTR-9) and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year.
In terms of Rule 80(1) of the CGST Rules, 2017 “Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return as specified under sub-section
1. Nil Annual Return- A person registered under GST but having no transactions during the year is also required to file a Nil Annual Return. A person whose registration has been cancelled during the year is also required to file the Annual returns unless final return has been filed and cancellation completed before 31st March, 2018.
2. A Registered person who has opted in or opted out of composition is required to file both GSTR 9 & GSTR 9A for the relevant periods.
3. GSTR-9 does not allow for any revision after filing.
4. It is mandatory to file FORM GSTR-1 and FORM GSTR-3B for the FY 2017-18 before filing this return.
5. The exceptions to filing of the Annual return applies to the following category of registered persons:
GSTR-9: This form is to be filed by regular taxpayers registered under GST. It consists of details regarding advances, supplies made and received during the financial year under different tax heads i.e. CGST, SGST and IGST as well as details of outward supplies made during the financial year on which tax is not payable. Further, it also contains the details of ITC availed and reversed, taxes payable and paid, transactions reported in next financial year, particulars of demands and refunds, HSN wise details of outward and inward supplies etc. It consolidates the information furnished in the monthly or quarterly returns during the year.
GSTR-9A: This form is to be filed by taxpayers registered under GST’s composition scheme. It is a summary of all quarterly returns previously filed by the composition taxpayer. (Proviso to Sub Rule (1) of Rule 80)
GSTR-9B: This form is to be filed by e-commerce operators who have filed GSTR-8 during the previous financial year. It is basically an annual statement. (Sub-Rule 2 of Rule 80 - Form Not yet notified)
1.Notice to defaulters Section 46 of the CGST Act provides where a registered person fails to furnish a return under section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within fifteen days in such form and manner as may be prescribed.
2. Late Fee for delayed filing Section 47(2) of the CGST Act provides for levy of a late fee of Rs. 100/- per day for delay in furnishing annual return in Form GSTR 9, subject to a maximum amount of quarter percent (0.25%) of the turnover in the State or Union Territory. Similar provisions for levy of late fee exist under the State / Union Territory GST Act, 2017. On a combined reading of Section 47(2) and Section 44 (1) of the CGST Act, 2017 and State / Union Territory GST Act, 2017 a late fee of Rs.200/- per day (Rs. 100 under CGST law + Rs. 100/- under State / Union Territory GST law) could be levied which would be capped to a maximum amount of half percent (0.25% under the CGST Law + 0.25% under the SGST / UTGST Law) of turnover in the State or Union Territory.
3.General Penalty for Contravention of Provisions As per section 125, any person, who contravenes any of the provisions of this Act or any rules made there under for which no penalty is separately provided for in this Act, shall be liable to a penalty which may extend to twenty-five thousand rupees.
An equal amount of penalty under the SGST/UTGST/IGST Act would also be applicable. To sum up a penalty of up to Rs.75,000/- could be levied. It is important to note that to impose penalty under section 125 upto Rs. 25,000, the ingredients such as willful default, etc., must be established and by a process of adjudication allowing reasonable opportunity to the taxable person and not imposed as a matter of routine.
The term ‘commencement of audit’ is important because audit has to be completed within a given time frame in reference to this date of commencement.
Commencement of audit means the later of the following :
a) the date on which the records/accounts called for by the audit authorities are made availableto them, or
b) the actual institution of audit at the place of business of the taxpayer.
A Chartered Accountant or a Cost Accountant so nominated by the Commissioner may undertake the audit
The auditor will have to submit the report within 90 days or within the further extended period of 90 days.