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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,
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 10th 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: 

     
30th
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.

     
An auto
generated 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 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)

39

(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

 

(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  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: 

     
30th
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.

 

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

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.

 

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.

Furnishing annual return for FY 17-18
to 20-21 is optional if Turnover is up to Rs.2 crore. [Notification No.
47/2019, 77/2020, 31/2021]

   
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).

 

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 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, 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

 

48

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.