"Filing of Returns"
Filing of Gst Returns helps in determination of Tax liability of the return filer and at the same time it also has a huge Bearing on Determination of tax liability of other persons with whom the former has entered into taxable Activities.
Chapter ix of the CGST Act [section 37 to 48] prescribes the provisions relating to filing of returns.
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6. Definition
• A return is a statement of specified particulars relating to
business activity undertaken by the taxable person
during a prescribed period. A taxable person has a legal
obligation.
• To declare his tax liability for a given period in the return;
• Furnish details about the taxes paid in accordance with that
return; and
• File correct and complete return within stipulated time frame.
10/9/2018 6
7. Valid Return Sec-2(117)
• “Valid Return” means a return
– Furnished under 39(1)
– On which self-assessed tax has been paid in full
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8. 8
Section(37- 41)
Outward Supplies
(sec-37)
Inward Supplies
(Sec-38)
Furnishing of
Returns
(Sec-39)
First Return
(Sec-40)
ITC Claim
(Sec-41)
Section(42-48)
Matching &
Reversal
(Sec-42 & 43)
Annual Return
(Sec-44)
Final Return
(Sec-45)
Notice to Return
Defaulters
(Sec-46)
Levy of Late Fee
(Sec-47)
GST Practitioner
(Sec-48)
Type of Returns
10. Rules(71-84)
10
Reversal of ITC
(Rule-71)
Claim of ITC
more than once.
(Rule-72)
Reduction in
output tax
liability
(Rule-73 -76)
Refund of Int
paid reclaim of
reversal
(Rule-77)
Matching GSTR-8
vs GSTR-1
(Rule-78)
Rectification
(MIS-3 & MIS-4)
(Rule-79)
Annual
Return(GSTR-
9,9A,9B,9C)
(Rule-80)
Final Return
(Rule-81)
UIN No.
(GSTR-11)
(Rule-82)
GST Practitioner
(Rule- 83- 84)
11. S. No. Return Form For To be filed by
1 GSTR 1 Outward supplies (other than ISD,
NR,CD,TDS/TCS)
10th of the next
month (N-57)
2 GSTR 2 Inward supplies (other than ISD,
NR,CD,TDS/TCS)
15thof the next month
3 GSTR 3 & 3B Monthly return (other than ISD,
NR,CD,TDS/TCS)
20thof the next month
4 GSTR 4 (N-59, 24-
12)
Quarterly return for compounding Taxpayer 18th end of quarter
5 GSTR 5 (N-60, 11-
12)
GSTR-5A
(N-61 ,15-12)
Periodic return by Non-Resident Foreign
Taxpayer
20th of the next
month & within
7 day after expiry
of registration .
Which ever is
earlier
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12. 10/9/2018 12
6 GSTR 6 Return for Input Service Distributor (ISD) 13th of the next
month (N-
62,31.12.2017)
7
8
GSTR 7
GSTR 8
Return for TDS
Return (TCS)
10th of the next
month
9 GSTR 9
GSTR 9A
GSTR 9B
GSTR9C
Annual Return (other than ISD,
TDS/TCS,CTP, NR,CD)
Annual Return by CD (Sec-10)
In case of E- Commerce
RS(In Case of Audit)
By 31st December of
next FY
10 Section-45 Final Return (GSTR 10)
(At the time of Cancelation of Registration.)
(Within 3 Months from
date of cancelation.)
11 Section-40 First Return (From date of liability to register till
13. Changes due to GST in day to day business
• Invoice Information In Return:
A.) In case of Intra State Supply:
Mr. A carried out following transactions during tax
period-Sl No Buyer Registered or not Invoice value Rate of tax
1 B YES 1,000 5%
2 C NO 25,000 5%
3 D NO 5,000 5%
4 E NO 15,000 12%
5 H NO 3,00,000 12%
14. Treatment In Return
Seller Registration Status Value of invoice Invoice
no
Value Tax
B Registered
1000
Then invoice wise
details of each
invoice irrespective
of invoice amount
Yes Yes Yes
C Unregistered 25000 Consolidated
details of Each rate
of tax-5%
Rs. 30,000
D Unregistered 5000
E Unregistered 15000 Consolidate details
of rate of tax of
12%
Rs.
3,15,000
F Unregistered 300000
15. •
B.) In case of Inter State Supply-
Mr. A carried out following transactions during tax period:Sl No Buyer Registered or
not
State Invoice
value
Rate of tax
1 Raj Yes Maharashtra 1,000 5%
2 Ramu No Gujarat 1,50,000 12%
3 Chotu No Gujarat 50,000 5%
4 Rahul No Gujarat 1,50,000 5%
5 Deepa No Goa 3,50,000 5%
Invoice Information In Return
16. Treatment In Return
Seller Registration Status Value of
invoice
Invoice
no
Value Tax
Raj Registered 1,000 Then invoice wise
details of each invoice
irrespective of invoice
amount
Yes Yes Yes
Ramu Unregistered 1,50,000 Consolidated details of
Each rate of tax-12% for
each state
Rs
1,50,000
Chotu Unregistered 50,000 Consolidate details of
rate of tax of 5% for
each state i.e Gujarat
Rahul Unregistered 1,50,000 2,00,000
Deepa Unregistered
3,50,000
As value is more than
2.5 lacs , individual
details of invoice
Yes 3,50,000 yes
17. Section 39:- Returns.
• (7)Registered taxable person without payment of full tax shall
not be treated as a valid return.
• (8)A Nil Return have to be filed also.
• (10)A Registered taxable person shall not be allowed to
furnish return for a tax period, if valid return for any previous
tax period has not been furnished by him.
18. Section:-40 First Return
• (1)registered taxable person who has made outward supplies
in the period between the date on which he became liable to
registration till the date on which registration has been
granted shall declare the same in the first return filed by him
after grant of registration.
18
19. 19
Outward Supplies
(FORM GSTR-1)
FORM GSTR-
2A/4A/6A
FORM GSTR-
2/4/6
Added/Corrected
FORM GSTR-1A
Accept or Reject
(FORM GSTR-1)
10TH of Next
Month
GSTR
20. 10/9/2018 20
Claim of ITC and provisional
acceptance -Section 41
Registered
Person
Entitled to take credit of
eligible input tax, as Self-
assessed, in his return on a
provisional basis in his
electronic credit ledger
This credit can only be
utilized for payment of self-
assessed output tax
21. Matching of claim of ITC – Sec 42
Details of every inward
supply furnished by a
recipient for a tax period
shall
The corresponding details of outward
supply furnished by the ‘supplier’ in
his valid return
Be Matched with
with the IGST paid under section 3 of
the Customs Tariff Act, 1975 (51 of
1975) in respect of goods imported by
him
Following things will also be
matched
1. GSTIN of supplier
2. GSTIN of recipient
3. Invoice or debit note no
4. Invoice or debit note date
5. Taxable value
6. Tax amount
24. What would happen if discrepancy
communicated not corrected
ITC shall be added to
the output tax liability
of the recipient
In his return to be
furnished in FORM
GSTR – 3
In his return for
the month
succeeding the
month in which
the discrepancy is
communicated
25. Section 44:- Annual Return.
• (1)Every Registered taxable person, other than an ISD, a person paying tax
under section 51(TDS) or section 52 (TCS) a CTP and a NR shall furnish an
annual return for every financial year electronically in GSTR-9 on or before
the 31st December following the end of such financial year.
• (2)Every registered taxable person who is required to get his accounts audited
under Section 35(5) (Accounts & Records) shall furnish, electronically annual
return along with the audited copy of the annual accounts and a reconciliation
statement, reconciling the value of supplies declared in the return furnished
for the year with the audited annual financial statement, and such other
particulars as may be prescribed.
25
26. GSTR – 9A : Annual Return
Annual return
By
Compounding
Taxpayer
In GSTR – 9A
27. Section 45:- Final Return
• (1)Every Registered taxable person who applies for
cancellation of registration shall furnish a final return within 3
Month of the date of cancellation or date of cancellation
order, whichever is later, in form GSTR-10.
27
28. Notice to Return Defaulters.
(Section 46)
• Where a registered taxable person fails to furnish a
return under Section 39 (Periodic Return) or Section
44 (Annual Return) or Section 45 (Final Return) a
notice shall be issued requiring him to furnish such
return within 15 days and in such form and manner
as may be prescribed.
28
30. Section 47:- Levy of Late Fee
30
Defaulted Return Late Fee
Return on outward Details (Sec-37) Rs. 100 per day of Delay
Maximum Rs. 5000/- (N-64)
Return on Inward Details (Sec-38)
Periodic Returns (Sec-39)
Final Return (Sec-45)
Annual Return (Section 44) Rs. 100 per day of Delay
Maximum = 0.25% on
Aggregate Turnover
31. Section 48:- GST Practitioners.
• A registered taxable person may, authorize an approved GSTP.
• Responsibility for correctness of any particulars furnished in the
return by GSTP shall continue to rest with the registered taxable
person on whose behalf such return are filed.
31