GST Returns

A return is a document containing details of income which a taxpayer is required to file with the tax administrative authorities. This is used by tax authorities to calculate tax liability.

GSTR-1

What is GSTR-1?

GSTR-1 is a monthly or quarterly return that should be filed by every registered dealer. It contains details of all outward supplies or services i.e. sales.

When is GSTR-1 due dates?

1. The due dates for GSTR-1 are based on your turnover.
2. Businesses with sales of up to Rs. 1.5 crore will file quarterly returns.
3. Other taxpayers with sales above Rs. 1.5 crore have to file monthly return.

Who should file GSTR-1?

Every registered person is required to file GSTR-1 irrespective of whether there are any transactions during the month or not. The following registered persons are exempt from filing the return:

1. Input Service Distributors
2. Composition Dealres
3. Suppliers of online information and database access or retrieval services (OIDAR), who have to pay tax themselves (as per Section 14 of the IGST Act)
4. Non-resident taxable person
5. Taxpayer liable to collect TCS
6. Taxpayer liable to deduct TDS 

How to revise GSTR-1?

Return once filed cannot be revised. Any mistake made in the return can be rectified in the next periods (month/quarter) return. It means that if a mistake is made in September GSTR-1, rectification for the same can be made in October’s GSTR-1.

Late Fees and Penalty :

Late Fees for not filing GSTR-1 is Rs. 100 per day of delay (Rs. 50 as per CGST Act and Rs. 50 as per SGST Act). Rs 20 per day of delay in case of nil returns (Rs. 10 as per CGST Act and Rs. 10 as per SGST Act The late fees will be charged from the date after the due date.

GSTR-2A

How to file GSTR-2A ?

You don’t have to file GSTR-2A. GSTR-2A is a read only document with a list of all of the invoices from the various sellers during the month. You can also download a copy of it.

GSTR-3B: Monthly return

Who should file GSTR 3B?

1. Registered taxable person should file monthly return on the basis of finalization of details of outward supplies and inward supplies plus the payment of amount of tax.
2. Due date: 20^th of succeeding month
3. Every person who has registered for GST must file the return GSTR-3B, including nil returns.

However, the following registrants do not have to file GSTR-3B

1. Input Service Distributors & Composition Dealers
2. Suppliers of OIDAR (Online Information and Database Access or Retrieval)
3. Non-resident taxable person

Late Fees for GSTR-3B :

1. Late fees for GSTR-3B is Rs. 20 (Rs. 10 for CGST and Rs. 10 for SGST) per day for NIL returns and Rs. 50 (Rs. 25 for CGST and Rs. 25 for SGST) in other cases. A return in which there is no sales but has purchases is also considered as NIL return. Maximum amount of penalty will be Rs. 10,000 (Rs. 5,000 for CGST and Rs. 5,000 for SGST) for every return.
2. Late fees for GSTR-3B for a month is required to be paid in the next month. You cannot file a month’s return before making payment of late fees of previous month.

GSTR-4

What is GSTR-4?

GSTR-4 is a GST Return that has to be filed by a Composition Dealer. Unlike a normal taxpayer who needs to furnish 3 monthly returns, a dealer opting for the composition scheme is required to furnish only 1 return which is GSTR-4.

How to revise GSTR-4?

GSTR-4 cannot be revised after filing on the GSTN Portal. Any mistake in the return can be revised in the next month’s return only. It means that, if a mistake is made in the GSTR-4 filed for the July-September quarter, the rectification for the same can be made only when filing the next quarter’s GSTR-4

Late Fees and Penalty

The maximum penalty that can be charged is Rs. 5,000. Also, if the GSTR-4 is not filed for a given quarter, then the taxpayer cannot file the next quarter’s return either. Late fees for GSTR-4 (CGST & SGST) is Rs. 100 per day of default.  Also, the late fees for NIL return in GSTR-4 (CGST & SGST) is Rs. 20 per day of delay.

GSTR-5

What is GSTR-5?

Every registered non-resident taxable person is required to furnish a return in GSTR-5 in GST Portal.

GST-6

What is GSTR 6?

GSTR 6 is a monthly return that has to be filed by an Input Service Distributor. It contains details of ITC received by an Input Service Distributor and distribution of ITC. There is a total of 11 sections in this return.

GSTR-7

What is GSTR-7?

GSTR 7 is a return to be filed by the persons who is required to deduct TDS (Tax deducted at source) under GST. GSTR 7 contains the details of TDS deducted, TDS liability payable and paid, TDS refund claimed if any etc.

Who are required to deduct TDS under GST?

As per GST law following people/entities need to deduct TDS:

1. A department or establishment of the Central or State Government, or
2. Local authority, or
3. Governmental agencies, or
4. Persons or category of persons as may be notified, by the Central or a State Government on the recommendations of the Council.

When is GSTR 7 due?

Filing of GSTR 7 for a month is due on 10th of the following month. For instance, due date of filing GSTR 7 for October is 10th November.

What is the penalty for not filing GSTR 7 on time?

1. If the GST return is not filed on time, then penalty of Rs 100 under CGST & Rs 100 under SGST shall be levied. The total will be Rs. 200/day. The maximum is Rs. 5,000 There is no late fee on IGST in case of delayed filing.
2. Along with late fee, interest has to be paid at 18% per annum. It has to be calculated by the taxpayer on the tax to be paid. The time period will be from the next day of due date of filing to the date of payment.

How to revise GSTR-7?

GSTR 7 once filed cannot be revised. Any mistake made in the return can be revised in the next month’s return. It means that if a mistake is made in October GSTR 7, rectification for the same can be made in November GSTR 7 or in later months when the error or omission is identified

 GSTR-8

What is GSTR-8?

GSTR-8 is a return to be filed by the e-commerce operators who are required to deduct TCS (Tax collected at source) under GST. GSTR-8 contains the details of supplies effected through e-commerce platform and amount of TCS collected on such supplies.

 When is GSTR-8 due?

GSTR-8 filing for a month is due on 10th of the following month. For instance, the due date for GSTR-8 for October is on the 10th of November.

 What is the penalty for not filing GSTR-8 within the due date?

If the GST return is not filed on time, then a penalty of Rs 100 under CGST & Rs 100 under SGST shall be levied per day. The total will be Rs. 200/day. The maximum is Rs. 5,000. There is no late fee on IGST in case of delayed filing.

Along with late fee, interest at 18% per annum has to be paid. It has to be calculated by the taxpayer on the tax to be paid. The time period will be from the next day of filing to the date of payment.

How to revise GSTR-8?

GSTR-8 once filed, cannot be revised. Any mistake made in the return can be revised in the next month’s return. It means that if a mistake is made in October GSTR-8, rectification for the same can be made in November GSTR-8 or in later months when the error or omission is identified.

GSTR-9

What is GSTR-9 annual return?

1. GSTR 9 is an annual return to be filed yearly by taxpayers registered under GST. Points to note:
2. It consists of details regarding the outward and inward supplies made/received during the relevant previous year under different tax heads i.e. CGST, SGST & IGST and HSN codes.
3. It is a consolidation of all the monthly/quarterly returns (GSTR-1, GSTR-2A, GSTR-3B) filed in that year. Though complex, this return helps in extensive reconciliation of data for 100% transparent disclosures.

Who should file GSTR-9, the annual return?

All taxpayers/taxable persons registered under GST must file their GSTR 9. However, the following are NOT required to file GSTR 9:

1. Taxpayers opting composition scheme (They must file GSTR-9)
2. Casual Taxable Person
3. Input service distributors
4. Non-resident taxable persons
5. Persons paying TDS under section 51 of CGST

Note :  GSTR-9 filing for businesses with turnover up to Rs 2 crore made optional for FY 17-18 and FY 18-19*.

Due Date, late fee and penalty

The due date to file GSTR-9 is further extended to December 31, 2019 for FY 17-18 & March 31^, 2020 for FY 18-19

1. The late fees for not filing the GSTR 9 within the due date is Rs 100 per day, per act. That means late fees of Rs 100 under CGST and Rs 100 under SGST will be applicable in case of delay.
2. Thus, the total liability is Rs 200 per day of default. This is subject to a maximum of 0.25% of the taxpayer’s turnover in the relevant state or union territory. However, there is no late fee on IGST yet.

 GSTR-9A

The GSTR-9A is the annual return to be filed once in a year by taxpayers who have opted for the Composition Scheme under GST for a particular financial year. It includes all the information furnished in the quarterly returns filed by the composition taxpayers during that financial year

GSTR-9B

GSTR 9B is to be filed by the e-commerce operators who have filed GSTR 8 during the financial year.

GSTR-9C

1. GSTR-9C is the reconciliation statement to be filed by all taxpayers registered under GST whose turnover exceeds Rs.2 crore in a financial year. The registered person has to get their books of accounts audited by a Chartered/Cost Accountant. The statement of reconciliation is between these audited financial statements of the taxpayer and the annual return GSTR-9 that has been filed.
2. GSTR-9C is to be filed for every GSTIN, hence, one PAN can have multiple GSTR-9C forms being filed.

GSTR-10

What is GSTR-10?

A taxable person whose GST registration is cancelled or surrendered has to file a return in the form of GSTR-10. This return is called as final return.

When is GSTR 10 due?

GSTR 10 must be filed within three months from the date of cancellation or date of cancellation order whichever is later. For instance, if the date of cancellation is 1st September 2017, then the GSTR 10 must be filed by 30th November 2017.

Who should file GSTR-10?

GSTR 10 is required to be filed only by the persons whose registration under GST has been cancelled or surrendered. The regular persons registered under GST are not required to file this return.

What is the difference between Final Return and Annual Return?

Annual return has to be filed by every registered person paying tax as normal taxpayer under GST. Annual return is to be filed  once a year in Form GSTR 9.

Whereas Final return is required to be filed by the persons whose registration has been cancelled or surrendered in Form GSTR 10.

What is the penalty for not filing GSTR 10 on time?

If the GSTR 10 is not filed within the due date, a notice will be sent to the such registered person. The person will be given 15 days’ time for filing the return with all the documents required. If the person still fails to file the return, the tax officer will pass the final order for the cancellation with the amount of tax payable along with interest/penalty.

GSTR-11

 What is GSTR-11?

GSTR-11 is the return to be filed by the persons who has been issued a Unique Identity Number (UIN) in order to get refund under GST for the goods and services purchased by them in India.

 Who are Unique Identity Number (UIN) holders under GST Act?

Unique Identity Number is a special classification made for foreign diplomatic missions and embassies who are not liable to taxes in Indian territory. The following organizations can apply for a UIN:

1. A specialized agency of the United Nations Organization
2. A Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947,
3. Consulate or Embassy of foreign countries
4. Any other person or class of persons as notified by the Commissioner.

The above persons/organizations can apply for UIN using Form GST REG-13.

When is GSTR-11 due?

GSTR 11 must be filed by the 28th of the month following the month in which inward supply is received by the UIN holders. For instance, if US embassy paid GST of Rs 45,000 on food, hotel etc during his stay in India for the month of August 2017, then he must file return in GSTR 11 by 28th September, 2017 in order to claim refund of such taxes paid.

New GST Forms

The Central Board of Indirect Taxes and Customs has released the proposed GST Returns forms. It is expected that the new GST new GST returns forms - Normal, Sahaj and Sugam, shall be made applicable from the second quarter of Financial Year 2019-20 and for the first quarter the existing return forms, i.e., GSTR-3B and GSTR-1 would continue to apply. 

Which GST return a taxpayer shall opt for :

Taxpayers who opt to file returns on monthly or quarterly (GST RET-1) basis would be eligible to take credit of missing invoices. However, the credit of missing invoices shall not be available in case taxpayers opts to file Sahaj (GST RET-2) or Sugam (GST RET-3).

The taxpayers can switch their returns in the following manner: -

♦ From Quarterly (Normal) to Sugam or Sahaj only once in a financial year at the beginning of any quarter 

♦ From Sugam to Sahaj only once in a financial year at the beginning of any quarter

♦ From Sahaj to Quarterly (Normal) or Sugam more than once in a financial year at the beginning of any quarter

♦ From Sugam to Quarterly (Normal) more than once in a financial year at the beginning of any quarter

Below is the summarized presentation of New GST Return Forms :-

Structure of New GST Return: