FILING OF RETURNS UNDER GST – CLARIFICATION BY ‘CBEC’
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 7-1-2018
Every registered person under GST is to file the required returns within the time stipulated. The following returns are required to be filed by the registered person-
* GSTR – 1 – Details of outward supplies of goods or services;
* GSTR- 2 – Details of inward supplies of goods or services;
* GSTR -3 – Monthly return.
* GSTR – 3B – in lieu of GSTR 3.
The registered persons are facing many problems in filing the returns in GST regime due to the glitches in GST net work. The due date for filing returns are extended by the Board. The Board has recently come with a circular clarifying the matters in filing return vide Circular No. 26/26/2017-GST, dated 29.12.2017.
The clarification has been issued since various representations have been received seeking clarifications on various aspects of return filing such as return filing date
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turnover in terms of section 2(6) of the CGST Act, 2017 for the previous financial year or the current financial year, in case of new registrants and file the return according to the due date. The registered person whose turnover is up to ₹ 1.5 crores may opt to file the return on monthly basis if he so wishes even though his aggregate turnover is up to ₹ 1.5 crore. Once he opts for this he will not have the option to change the return filing periodicity for the entire financial year. If the registered person wrongly reports his aggregate turnover and opts to file the return on quarterly basis he may be liable to penalties under the Act.
The calendar for filing GSTR -1 is provided in the circular as detailed below-
* For aggregate turnover up to ₹ 1.5 crore
* July 2017 to September 2017 – 10.01.2018;
* October 2017 to December 2017 – 15.02.2018;
* January 2018 to March 2018 – 30.04.2018;
* For aggregate turnover more than ₹ 1.5 crore
* July to Nove
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STR – 4. The due date for filing this return for the quarter ending September 2017 has been extended to 24.12.2017. For the remaining quarters the last date for filing this return within 18 days after the end of such quarter. For the quarter from October 2017 to December 2017 is to be filed on or before 18.01.2018.
Late fee
The late fee for belated filing of return ₹ 200/- per day if the tax liability if NIL for that month. The late fee for belated filing of return in other cases is ₹ 200/- per day.
The late fee for the months of July, August and September for late filing of GSTR – 3B has been waived off. For subsequent months, the late fee rate is reduced. In respect of a taxpayer whose tax liability for that month was NIL, the late fee will be ₹ 20/- per day and in respect of others, the late fee will be ₹ 50/- per day.
Amendment/corrections/rectification of errors
The procedure for rectification of errors made while filing Form GSTR – 3B was issued vide
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ng adjustment in the output tax liability or input tax credit, there can be no negative entries in Form GSTR – 3B. If the adjustment is not feasible refund may be claimed. Where adjustments have been made in Form GSTR – 3B of multiple months, corresponding adjustments in Form GSTR – 1 should also preferably be made in the corresponding months.
Common errors in GSTR – 3B
The following are the common errors that are made while filing GSTR – 3B-
* Liability was under reported;
* Liability over reported;
* Liability wrongly reported;
* Input tax credit was under reported;
* Input tax credit was over reported;
* Input tax credit of the wrong tax was taken;
* Cash ledger wrongly updated.
There are four stages in filing return GSTR – 3B-
* Stage 1 – Confirmed submission;
* Stage 2 – Cash Ledger updated;
* Stage 3 – Offset liability;
* Stage 4 – Return filed.
The registered person needs to decide at which stage of filing of Form GSTR – 3B he is currently at and also t
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liability. Remaining balance may either be claimed as refund or used to offset future liabilities.
* wrong reported liability and cash ledger may be debited to offset new liability, where sufficient balances are not available in the credit ledger. Remaining balance, if any may be either claimed as refund or used to offset;
* no action is required in case of input tax credit was under reported;
* deposit additional cash, if required in the cash ledger by creating challan in Form GST PMT – 06, if input tax credit was over reported;
* deposit additional cash, if required, in the cash ledger by creating challan in Form GST PMT – 06, if input tax credit of wrong tax was taken.
* In case of wrongly updated- add cash under the right tax head and seek cash refund of the cash added under the wrong tax head.
Under Stage – 3 – Off set liability
* In case of liability under reported – Liability may be added in the return of subsequent month(s) after payment of interest;
* In case of
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submitting (before offsetting and filing) the information in Form GSTR – 3B, a provision for editing the same has been provided as discussed above. This facility can be used only before offsetting the liability and editing will not be permitted after offsetting the liability. Therefore it is advised that every care should be taken to ensure the accuracy of the figures before processing to offset the liabilities.
It is further clarified in the circular that the information furnished by the registered person in the return in Form GSTR – 3B would be reconciled by the department's system with the information furnished in Form GSTR – 1 and discrepancies, if any, shall be dealt with in accordance with the relevant provisions of the Act and the rules made thereunder.
Reply By KASTURI SETHI as =
Sir,
Very useful and timely article. It has solved problems of so many assessees.
Dated: 7-1-2018
Reply By Avinash Gopalakrishnan as =
Dear Sir
i must laud you for the detailed explanation t
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ch are listed in 3.1A.
We cannot add IGST paid exports of August, September and October 2017 in December's GSTR 3B because the system will again demand TAX from us on the basis of this declaration only, the result will be that instead of getting refunds we will have to pay IGST.
We have filed GSTR 1 of July, August, September, October 2017.
We seek clarification and rectification of the above mentioned errors.
Thanking you in advance.
Dated: 8-1-2018
Reply By MARIAPPAN GOVINDARAJAN as =
In respect of the query of Shri Avinash, it is to inform at the time of filing GSTR -2, this discrepancy may be raised in the network to X who will in turn correct the discrimination pointed out. This is as per the provisions of GST Act and rules. However this stage has not yet received in the network. It is my view. Opinion of other experts are solicited.
Dated: 8-1-2018
Reply By MARIAPPAN GOVINDARAJAN as =
The facility of amending the return has already been over. You may point out the dis
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