Returns (37-48) | GST Reckoner

Chapter IX: Returns

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 (or GSTR-1A), subject to conditions and
restrictions prescribed.

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

►
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:

◆
30^th of
November following the end of the FY to which such details pertain or

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

►
A registered person
shall not be allowed to file details of outward supplies, if for any of the
previous tax periods such details of outward supplies have not been filed by
him except unless specified by the Central Govt. by way of notification.

►
A registered person
cannot file details of outward supplies after the expiry of three years from due date of filing such details unless exception is specified by the Central Govt. by
way of notification.

►
A statement of inward
supplies shall be made available to the recipient and it shall consist of

◆
Details of inward
supplies for which ITC can be availed

◆
Details of supplies for
which ITC cannot be availed by the recipient including on account of details
furnished u/s 37(1) by below mentioned persons:

✽
Within such period of
taking registration

✽
Who has continuously
defaulted in payment of tax

✽
Whose output tax
payable exceeds the output tax paid during such period

✽
Who availed input tax
credit more than the credit actually available to him

✽
Who has defaulted in
discharging his tax liability as per section 49(12)

◆
Such other details as
prescribed.

(1)

Monthly
return of outward and inward supplies by registered persons
(other than ISD, non-resident, a person paying composition levy u/s 10, TDS
u/s 51 or TCS u/s 52) in GSTR-3B, within such time and subject to conditions
and restrictions prescribed.

(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 electronically file return in Form GSTR-7 for every calendar month within 10^th of the succeeding calendar month
w.e.f. 1-Nov-2024 (whether or not any deductions have been made during the
said month).

(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 13 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:

►
30^th of
November 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/details of outward supplies for any previous
periods has not been filed then current return cannot be filed unless specified
by the Central Govt. by way of notification.

(11)

A
registered person cannot
file returns after the expiry of three years from due date of filing returns unless exception is specified by the
Central Govt. by way of notification.

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.

Availment of ITC: Credit of ITC can be
availed as self-assessed in return and it will be added to electronic credit
ledger. If Tax has not been paid by the supplier then the ITC along with
interest shall be reversed in the prescribed manner. The supplier can
re-avail the ITC reversed if he makes the payment of such tax due.

►
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.

Annual Return need not be furnished if aggregate turnover is
up to Rs. 2 crore [Notification No. 47/2019, 77/2020, 31/2021, 10/2022, 32/2023, 14/2024, 15/2025]

►
Every person (other
than person in non-taxable territory providing OIDAR services to
non-taxable online recipient) with Turnover > 5 crore shall furnish a
copy of annual accounts & a self-certified reconciliation statement in
FORM GSTR-9C (refer Rule 80).

►
A registered person cannot file an annual return after the expiry of three years from due date unless
exception is specified by the Central Govt. by way of notification.

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 on or before
30-Sep-18 shall furnish a final return in Form GSTR-10 within
31-Dec-18. [Notification No. 58/2018]

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

Levy of late fee: On failure to file details u/s 37, 39, 44, 45 or 52 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

GST practitioner: Approved
GST practitioner may be authorised to file details and returns u/s 37, 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.