Returns under CGST Act,2017 with Rules
By: – Sanjeev Singhal
Goods and Services Tax – GST
Dated:- 22-6-2017
There are number of returns prescribed under GST law. Different returns are prescribed with due date of filing . Returns provisions are provided in Chapter -IX from Section 37 to 48 of the CGST Act,2017.
Types of Returns
S.N.
Form No.
Title of the Form
1
GSTR -1
Detail of outward supply of goods or services
2
GSTR-1A
Details of auto drafted supplies of goods or services
3
GSTR-2
Detail of inward supply of goods or services
4
GSTR-2A
Detail of supply auto drafted from GSTR-1 and GSTR-5 to recipient
5
GSTR-3
Monthly return
6
GSTR-3A
Notice to return defaulter u/s 46
7
GSTR- 4
Quarterly return for composite dealer
8
GSTR-4A
Auto drafted detail for composite dealer
9
GSTR-5
Return of non resident taxable person
10
GSTR-5A
Details of supplies of online information and database access or retrieval services by person located outside In
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is deducting at source
* Person collecting tax at source
The “Detail of Outward supplies” shall include invoice, debit notes, credit notes and revised invoices issued during tax period.
Every RP who has been communicated the details under section 38[3] and Section 38[4] by recipient of supplies , can either accept or reject the detail so communicated on or before 17th of the next month following the tax period. The detail furnished by him under point no. 1 shall stand amended.
Every RP who has furnished the detail under point no.1 and remain unmatched u/s 42 and 43 shall rectify the error and omission and shall pay tax and interest on short payment of tax, if any.
No rectification for point no. 1 shall be allowed after furnishing the return u/s 39 for the month of September following the end of financial year or furnishing the annual return which ever is earlier.
Example ;
Abc ltd has filed Annual Return of FY 2017-18 on 15th September,2018 and filed the return of Septembe
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detail of inward supplies of goods and services other than the following person including the goods and services under reverse charge basis and goods and services received under IGST. RP can rectify, modify, add or delete the detail of outward supply furnished under point 1 of Section 37 .
* Input service distributor
* Non resident taxable person
* Taxable person u/s 10 [ Composition Scheme ]
* Person who is deducting at source
* Person collecting tax at source
Return shall be filed in GSTR -2 after the end of 10th day but before 15th day of the following month from the end of tax period.
Rule ; Part-A of GSTR-2A shall be available to recipient after the filing of GSTR-1 by supplier so that recipient can verify , validate, amend, delete and add. After the validation of GSTR-2A , the return of GSTR-2 shall be filed.
After the filing of GSTR-2 shall be made available to supplier in the Form of GSTR-1A for verification.
Every RP who has furnished the detail under GSTR-1 a
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GSTR -4 with in 18 days from the end of quarter.
RP who deducted tax at source u/s 51 shall furnish GSTR-7 within 10 days after the end of month.
Every RP registered as Input service distributor shall file GSTR-6 within 13 days from the end of the month.
Every non resident taxable person shall furnish GSTR-5 with in 20th day from the end of the calendar month or within 7 days after the last day of validity period of registration which ever is earlier
All taxpayer mentioned above shall pay the tax to appropriate Govt. not later than the last day of filing the return.
RP falling under point 1& 2 above will file the return even though there is no supply of goods and/ or services.
Subject to the provision of Section 37 and 38, if any taxable person after furnishing return under point no. 1 to 5 find any error or omission, he may rectify the omission or error in the return of the month or quarter subject to the payment of interest . But the above error or omission shall not form
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matched with return of supplier.
* The credit of input tax shall be matched with the return of outward supply of supplier .
* Where ITC is in excess of the tax declare by the supplier in his return , the same shall be communicated to both supplier and recipient. If the discrepancy is not rectified by supplier , the same shall be added to outward tax liability of the recipient in the next return.
* If there is duplication of ITC, same shall be added to outward tax liability of recipient in the month of communication.
* If the supplier rectify the mistake in due time in his return , the recipient can reduce his outward tax liability.
* If any amount is added to outward tax liability shall also attract interest u/s 50. Interest shall be computed from the date taking credit to date of adding to outward liability.
* If there is reduction in outward tax liability and interest is also paid on the same, both shall be refunded to his electronic cash ledger.
Matching, reversal and r
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y RP except the following shall furnish annual return on or before 31st December in GSTR -9 following the end of financial year.
* Input service distributor
* Non resident taxable person
* Casual Taxable Person
* Person who is deducting at source under section 51
* Person collecting tax at source under section 52
Every RP who has to get his account audited under Section 35[5] ( whose aggregate turnover in the financial year exceed ₹ 2 Crore shall furnish the annual return GSTR-9C under point no.1 electronically for every financial year along with audited financial statement and reconciliation thereof.
Casual Tax person will file the annual return on GSTR-9A.
Electronic commerce operator shall file GSTR-9B.
Final Return [ Section 45]
Every RP who applied for the cancellation of registration shall file return in GSTR-10 within three month from the date of cancellation or cancellation order which ever is later.
Late Fees [ Section 47 ]
* Any person who fails to
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