Returns (37-48) | GST Reckoner

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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
& 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 10^th 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 11^th
to 15^th 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) & 39(4)

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

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Supplier shall, from 15^th to 17^th 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.

(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.

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.

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.

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).

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.

►
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).

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, 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

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.