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Chapter IX: Returns

37 & 38

Return
of outward and inward supplies
by the registered person
(other than ISD, non-resident, a person paying composition levy u/s 10, TDS
u/s 51 or TCS u/s 52) in GSTR-1 & 2.

Note: A registered person having aggregate turnover of up to
1.5 crore rupees in the preceding FY or current year can opt to file
quarterly return of Form GSTR-1.
[Notification No. 43/2018]

     
Supplier shall, within 10th of the succeeding
month, furnish details of
outward
supplies
effected during a tax period which
will be communicated to the recipient

     
Recipient
shall verify,
modify, delete or add to
the details of outward supplies communicated to him and prepare details of
inward supplies including supplies on which the tax is payable under IGST Act
or on reverse charge basis or u/s 3 of the Customs Tariff Act, 1975 and details
of credit or debit notes received in respect of such supplies

     
Recipient
shall, from 11th
to 15th
day of the succeeding
month, furnish details of
inward
supplies
and the changes made by the recipient
shall be communicated to the supplier including change made u/s 39(2),(4)

     
From 11th to 15th of the succeeding month, supplier shall not be allowed to furnish the details of outward supplies

     
Supplier shall, from
15th to 17th
of the
succeeding month, accept or reject
changes done by the recipient

     
Rectification (other than error discovered by tax authorities) of details
given in return is
allowed in the return filed for discovery period. Last date for such
rectification is: 

     
Due
date for filing return
u/s 39 for the month of September following the end of the FY or

     
Date
of furnishing
the relevant annual return, whichever
is earlier
.

39

(1)

Monthly
return of outward and inward supplies
by the registered person
(other than ISD, non-resident, a person paying composition levy u/s 10, TDS
u/s 51 or TCS u/s 52) in GSTR-3.

 

(2)

Person
paying
composition levy u/s
10 shall file
quarterly
return
of inward supplies, tax payable and tax paid within 18 days
after the end of such quarter in Form CMP-08.

 

(3)

A person
required to deduct
TDS u/s
51 shall file return for the
month in which deductions have been made within 10 days after the end of such month in
Form GSTR-7.

 

(4)

An ISD shall file monthly
return
within 13 days after the end of such month in Form GSTR-6.

 

(5)

A non-resident taxable person shall file monthly return
within 20 days after the end of month or within 7 days after the last day of
the period of registration specified u/s 27(1), whichever is earlier in Form
GSTR-5.

 

(6)

The
Commissioner may extend the time limit for furnishing the returns by notification.

 

(7)

Tax due as
per return is to be paid before due date to file return.

 

(8)

Every
registered person is
required
to file NIL return
even if outward supply has
not been made.

 

(9)

Rectification (other than error
discovered by tax authorities) in monthly/ quarterly returns shall be made in
such form and manner as may be prescribed. Last date for such rectification
is:  

     
Due
date for filing return
u/s 39 for the month of September following the end of the FY to which such details pertain or

     
Date
of furnishing
the relevant annual return, whichever
is earlier
.

 

(10)

If return
for any
previous periods
has not been filed then current return
cannot be filed.

 

40

First return: Outward
supplies made from the date on which he became liable to registration till
the date of grant of registration shall be declared in the first return filed
by him after registration.

 

41

ITC taken on provisional basis, as
self-assessed in return will be added to electronic credit ledger which can
be utilised
only for payment of output
tax
as per return.

 

42

Matching of ITC:

     
Details of inward
supply furnished by the recipient shall be matched–

 
With the corresponding
details of outward supply furnished by the supplier in his return

 
With the integrated
GST paid u/s 3 of the Customs Tariff Act, 1975

 
For duplication of
claims of ITC

     
If the ITC claimed by
a recipient is not matched or duplicated, the discrepancy shall be
communicated to both such persons.

     
If it is not rectified
by supplier it shall be added to the output tax liability with interest (u/s
50(1)), of the recipient,

    
In case of
non-matching, for next month after such communication

    
In case of
duplication, for the month of communicated

     
Addition to tax
liability can be reversed with refund of interest if the supplier declares
the details in his return within time specified u/s 39(9).

 

43

Matching of credit note: The details of credit note relating to outward supply
furnished by the supplier shall be matched in same manner as matching of ITC.

 

43A

Availing input tax credit:

The
procedure for furnishing the details of outward supplies and availing of
input tax credit shall be such as may be prescribed.

 

44

   
Every registered
person, (other than ISD, casual taxable person, non-resident, Deductor u/s 51
or collector u/s 52, person in non-taxable territory providing OIDAR
services to non-taxable online recipient) shall furnish an
annual
return
for every FY on or before 31st December
following the end of such FY.

   
Every person (other
than person in non-taxable territory providing OIDAR services to
non-taxable online recipient)  with
Turnover >2 crore shall furnish annual return and a reconciliation
statement, reconciling the value of supplies declared in the return furnished
for the FY with a copy of the annual accounts audited u/s 35(5).

 

45

Registered
persons whose
registration has been cancelled and who are required to furnish a return u/s 39(1) shall
furnish a final return within 3 months of the date of cancellation or date of
order of cancellation, whichever is later.

The persons whose registration has been cancelled by on or
before 30-Sep-18 shall furnish a final return in Form GSTR-10 within
31-Dec-18.
[Notification No. 58/2018]

 

46

Notice to return defaulters u/s 39, 44, 45 can be issued to file return within 15 days.

 

47

Levy of late fee: On failure to file details u/s 37, 38, 39, 44 or 45 within
due date, late fee of Rs.
100 shall be paid per day subject to maximum of
Rs.5000 except in case of annual return u/s 44. In case of annual return u/s 44, maximum limit is 0.25% of turnover. Note-: Rs.
100 late fee is as per CGST Act. SGST Acts also prescribe Rs. 100 per day.
Therefore total late fee of Rs.200 per day is to be paid.

However,
as per Section 128, the government has
waived the late fee payable for some GSTRs. Click here

 

48

GST practitioner: Approved GST
practitioner may be authorised to file details and returns u/s 37, 38, 39,
44, 45 and such other functions.
The responsibility for correctness of any particulars filed
shall be with the person on whose behalf such return and details are filed.

Manner of
approval, eligibility, conditions, duties, manner of removal of GST
practitioner is prescribed in
Rule 83.