Saturday, December 1, 2018

gstr 9 return


GST annual return Form-9 format has been issued by the Government, the taxpayer is going to file a very first annual return under GST act after implementation on 01.07.2017. This time we need to file the annual return for the period of 01.07. 2017,  to 31.03.2018. 

Since the implementation of new GST system lot of changes & amendments in the act and rules in GST act & rate changes. Finally, we are in the stage of filing an annual return.

GSTR-9 is an Annual Return to be filed by Registered Taxpayers under GST (Including Composition Dealers). 

In this article, we will discuss the following points in detail:



INDEX


1) What is GSTR-9

2) Who should file GSTR-9 Return

3) What are different types of GSTR-9 Return

4) What is the due date to file the GSTR-9 Return

5) What is the Penalty for late filing of GSTR-9 Return

6) Checklist, Filing & Payment for GSTR-9 Return 

7) What are the details required to be filed under GSTR-9 Return

8) FAQ (53 Question & Answers)




1) What is GSTR-9

gst annual return


GSTR-9 form is an annual return to be filed once in a year by the registered persons including those registered under composition levy scheme. It consists of details regarding the supplies made & received during the year under different tax categories i.e., CGST, SGST & IGST. It consolidates the information furnished in the monthly/ quarterly returns during the year.


2) Who should file GSTR-9 Return


who file gstr 9_gstr 9 requirements

All the registered taxable Persons under GST must file GSTR-9 form. However, the following persons are not required to file GSTR-9 form:


  • Input service distributors
  • Non-resident taxable persons
  • Casual taxable person
  • Persons Paying TDS under section 51 of the Act.



3) What are different types of GSTR-9 Return

There are 4 types of return under GSTR 9 :

  1. GSTR 9: GSTR 9 should be filed by the regular taxpayers filing GSTR 1, GSTR 2, GSTR 3.
  2. GSTR 9A: GSTR 9A should be filed by the persons registered under composition scheme under GST.
  3. GSTR 9B:  GSTR 9B should be filed by the e-commerce operators who have filed GSTR 8 during the financial year.
  4. GSTR 9C:  GSTR 9C should be filed by the taxpayers whose annual turnover exceeds Rs  2 crores during the financial year.

who file gstr-9 returns

** Note: All such taxpayers are also required to get their accounts audited and file a copy of audited annual accounts and reconciliation statement of tax already paid and tax payable as per audited accounts along with GSTR 9C.


4) What is the due date to file the GSTR-9 Return


what is due date for filing gstr 9


GSTR-9 due date of filing is on or before 31st December of the subsequent financial year. For Instance, for financial year 2017-18, the due date for filling GSTR-9 is 31st December 2018.


5) What is the Penalty for late filing of GSTR-9 Return



The Late Fees for Non-filing of GSTR-9 within the due date is Rs. 100/day per act (i.e., CGST  Rs.100 & SGST Rs.100) up to a maximum of an amount calculated at a quarter % of the taxpayer turnover in the state or union territory. Thus, the total penalty is Rs. 200 per day of default (i.e., CGST & SGST). There is no late fee on IGST.


6) Checklist for GSTR-9 Annual return

  1. List of tax invoiced issued during the period and reconciliation of the same with books of accounts, this also should be reconciled with the turnover declared in the audited financial statements.
  2. List of debit/credit notes issued during the period and reconciliation of the same with books of accounts.
  3. In case a company has the different units/branch all over India, then the stock transfer between units/branches also to be reconciled with the books.
  4. Reconciliation of advances received and GST paid for goods & services during July 1 to 15th November 2017 and advances received for services and GST paid for that from 15th November 2017 to 31ST March 2018.
  5. Reconciliation of E-Way bill data with the tax invoices issued during the period GSTIN state wise
  6. Reconciliation of HSN wise summary with the issued tax invoices
  7. Reconciliation discount is given to the customer with purpose and recheck if the same under GST act allowed or not.
  8. List of Purchase & other service bills accounted during the period & Input credit taken on the same and further reconciliation with the books and returns.
  9. Reconciliation of input credit availed and also ensure that all the availed credits are eligible as per the act and the ineligible credits, common credits are reversed & accounted properly.
  10. Details of input credit taken on the fixed assets, if any
  11. Reconciliation of Reverse charge GST (RCM) payable till the applicable date on all the applicable expenses and paid the same.
  12. Reconciliation of monthly/ quarterly GST returns with the books of accounts and all the taxable, exempted & non-GST turn over declared in the returns if any differences, reason for the same.
  13. All the credit taken on TRAN-1 credit reflecting in the GST portal is to be mentioned in the return and make sure there is no issue related to credit.
  14. In case of any refund application filed with the department and eligibility & status of the same.

Online Filing of Annual Return in Form GSTR-9

  1. GSTR-1 and GSTR-3B filed during the year, facility to download system computed GSTR-9.
  2. Consolidated summary of GSTR-1 will be made available.
  3. Consolidated summary of GSTR-3B will be available in  PDF.
  4. GSTR-9, values will be auto-populated in tabular format based on GSTR-3B and GSTR-1 of the year. Values will be editable with some exceptions (table 6A, 8A, and tax payment entries in table 9).
  5. NIL return can be filed through a single click.

Offline Filing of Annual Return in Form GSTR-9

  1. Download from the portal.
  2. Auto-populated GSTR-9 (System generated) to be download from the portal before filling up values.
  3. Table 6A and table 8A will be non-editable.
  4. After filling up the values, JSON file to be generated and saved.
  5. After logging on the portal, the JSON file to be uploaded.
  6. File will be processed and error will be shown.
  7. Error file to be download from the portal and to be used in the Excel tool.
  8. Make corrections, file to be uploaded on the portal.
  9. Corrections to be made online except table 17 & 18 ( number of records should not exceed 500 in each table).
  10. Return filled can be downloaded as PDF or Excel.
  11. No revision facility so return should be filed after reconciling the information.

Payment of  GSTR-9

No payment is to be made with annual return except late fee and Payment to be made on a voluntary basis in  DRC-03.


7) What are the details required to be filed under GSTR-9 Return?


The GSTR-9 form is divided into six parts and 19 tables. Here you go:


Part-I:

Basic details of the taxpayer have 3 sections consists of Financial Year, GSTN, Legal Name & Trade Name (If any).

Part-II

Details of Outward and Inward supplies declared during the particular financial year (FY). This detail must be picked up by consolidating summary from all GST returns filed in previous FY. It has been divided into the following sections :

  • Details of Advances, Inward & outward Supplies on which tax is payable as declared in returns filed during the financial year:- 

  • 4A Supplies made to un-registered persons (B2C) 
  • 4B Supplies made to registered persons (B2B) 
  • 4C Zero rated supply (Export) on payment of tax (except supplies to SEZs) 
  • 4D Supply to SEZs on payment of tax 
  • 4E Deemed Exports 
  • 4F Advances on which tax has been paid but invoice has not been issued (not covered under (A) to (E) above) 
  • 4G Inward supplies on which tax is to be paid on a reverse charge basis 
  • 4H Sub-total (A to G above) 
  • 4I Credit Notes issued in respect of transactions specified in (B) to (E) above (-) 
  • 4J Debit Notes issued in respect of transactions specified in (B) to (E) above (+)
  • 4K Supplies/tax declared through Amendments (+) 
  • 4L Supplies/tax reduced through Amendments (-) 
  • 4M Sub-total (I to L above)
  • 4N Supplies and advances on which tax is to be paid

  • Details of Advances, Inward & outward Supplies on which tax is not payable as declared in returns filed during the financial year:-


  • 5A Zero rated supply (Export) without payment of tax
  • 5B Supply to SEZs without payment of tax 
  • 5C Supplies on which tax is to be paid by the recipient on a reverse charge basis 
  • 5D (Exempted)/ 5E (Nil Rated)/ 5F (Non-GST supply) 
  • 5G Sub-total (A to F above) 
  • 5H Credit Notes issued in respect of transactions specified in A to F above (-) 
  • 5I Debit Notes issued in respect of transactions specified in A to F above (+) 
  • 5J and 5K Supplies declared through Amendments (+), Supplies reduced through Amendments (-) 
  • 5L Sub-Total (H to K above) 
  • 5M Turnover on which tax is not to be paid (G + L above)
  • 5N Total Turnover (including advances) (4N + 5M – 4G above)


Part-III

Details of ITC declared in returns filed during the FY. This will be summarized values picked up from all the GST returns filed in previous FY. 

This section will contain the details of ITC availed as declared in returns filed during the financial year: 

  • 6A Total amount of input tax credit availed through FORM GSTR-3B (the sum total of Table 4A of FORM GSTR-3B) 
  • 6B Inward supplies (other than imports and inward supplies liable to reverse charge but includes services received from SEZs) 
  • 6C Inward supplies received from unregistered persons liable to reverse charge (other than B above) on which tax is paid & ITC availed 
  • 6D Inward supplies received from registered persons liable to reverse charge (other than B above) on which tax is paid and ITC availed 
  • 6E Import of goods (including supplies from SEZs) 
  • 6F Import of services (excluding inward supplies from SEZs) 
  • 6G Input Tax credit received from ISD 
  • 6H Amount of ITC reclaimed (other than B above) under the provisions of the Act
  • 6I Sub-total (B to H above) 
  • 6J Difference (I - A above) 
  • 6K Transition Credit through TRAN-I (including revisions if any) 
  • 6L Transition Credit through TRAN-II 
  • 6M Any other ITC availed but not specified above
  • 6N Sub-total (K to M above) 
  • 6O Total ITC availed (I + N above)


It consists of details of ITC Reversed and Ineligible ITC as declared in returns filed during the financial year: Details of input tax credit reversed due to ineligibility or reversals required under rule 37, 39, 42 and 43 of the CGST Rules, 2017 shall be declared here. This column should also contain details of any input tax credit reversed under section 17(5) of the CGST Act, 2017 and details of ineligible transition credit claimed under FORM GST TRAN-I or FORM GST TRAN-II and then subsequently reversed. Table 4(B) of FORM GSTR-3B may be used for filling up these details. Any ITC reversed through FORM ITC -03 shall be declared in 7H:

  • 7A As per Rule 37 
  • 7B As per Rule 39 
  • 7C As per Rule 42 
  • 7D As per Rule 43
  • 7E As per section 17(5) 
  • 7F Reversal of TRAN-I credit
  • 7G Reversal of TRAN-II credit 
  • 7H Other reversals (pl. specify) 
  • 7I Total ITC Reversed (A to H above) 
  • 7J Net ITC Available for Utilization (6O – 7I) 


Other ITC related information will be provided in this section: 

  • 8A ITC as per GSTR-2A (Table 3 & 5 thereof
  • 8B ITC as per sum total of 6(B) and 6(H) above
  • 8D Difference [A-(B+C)] 
  • 8E ITC available but not availed (out of D) and 8F ITC available but ineligible (out of D) 
  • 8G IGST paid on import of goods (including supplies from SEZ) 
  • 8H IGST credit availed on the import of goods (as per 6(E) above)
  • 8I Difference (G-H) 
  • 8J ITC available but not availed on the import of goods (Equal to I)
  • 8K Total ITC to lapse in the current financial year (E + F + J)


Part-IV

Details of tax paid as declared in returns filed during the FY.

Part-V

Particulars of the transactions for the previous FY declared in returns of April to September of current FY or up to the date of filing of annual returns of previous FY whichever is earlier. Usually, the summary of amendment or omission entries belonging to previous FY but reported in Current FY would be segregated and declared here. 

  • 10 Supplies/tax declared through Amendments (+) (net of debit notes) and 11 Supplies/tax reduced through Amendments (-) (net of credit notes)
  • 12 Reversal of ITC availed during the previous financial year 
  • 13 ITC availed for the previous financial year 
  • 14 Differential tax paid on account of declaration in 10 & 11 above.

Part-VI

Other Information comprising details of:
  • 15A, 15B, 15C and 15D: Particulars of Demands and Refunds:, 
  • 15E, 15F and 15G: Total demand of taxes, Total taxes paid in respect of above, Total demands pending out of E above 
  • 16: Information on supplies received from composition taxpayers, deemed supply under section 143 and goods sent on the approval basis : - 
  • 16A Supplies received from Composition taxpayers 
  • 16B Deemed supply under Section 143 
  • 16C Goods sent on approval basis but not returned 
  • 17. HSN Wise Summary of outward supplies and 
  • 18. HSN Wise Summary of Inward supplies 
  • 19. Late fee payable and paid


GSTR 9 Notification:
GSTR 9 Notification No 39/2018



FAQ

Q1.What is Legal provision for filling GST Annual Return?

Ans. Legal requirement of filing Annual return hereafter called GSTR-9 is governed by section 35(5) and section 44(1) of CGST Act. Section 44(1) of CGST Act read with Rule 80(1) of CGST Rules requires that every Registered person other than

  • an Input Service Distributor,
  • a person paying tax under section 51 (TDS) or section 52 (TCS),
  • a casual taxable person and
  • a non-resident taxable person,


Shall furnish an annual return for every financial year electronically in Form GSTR-9 through the common portal (www.gst.gov.in) either directly or through facilitation center on or before the thirty-first day of December following the end of such financial year.

Further, as per section 35(5) of CGST Act, every registered person whose turnover during a financial year exceeds the prescribed limit (Rs. 2 cr.) shall get his accounts audited by a chartered accountant or a cost accountant and shall submit a copy of the audited annual accounts, the reconciliation statement (GSTR-9C) under sub-section (2) of section 44 and such other documents in such form and manner as may be prescribed. Reconciliation statement – GSTR-9C is a reconciliation of data as per books of accounts and data as reported in GSTR-9.

Q2. Who is required to file GSTR-9? Is there any threshold limit of Turnover for an exemption to file GSTR-9?

Ans. As per Legal provision of Section 44(1) of CGST Act, every registered person shall be required to file GSTR-9. Hence, irrespective of the Turnover, every registered person under GST is required to file GSTR-9.

Q3.Who is not required to file GSTR-9?

Ans.  Following persons are not required to file GSTR-9:

  • an Input Service Distributor,
  • a person paying tax under section 51 (TDS) or section 52 (TCS),
  • a casual taxable person and
  • a non-resident taxable person.


A person paying tax under section 52 (TCS) is required to file GSTR-9B but since the provision of section 52 is applicable from 01st October 2018 only, they are not required to file GSTR-9B for the year 2017-18.

Q4.What is Form GSTR-9A and who is required to file it?

Ans. GSTR-9A is Annual return for a supplier who was under composition scheme as per section 10 of CGST Act anytime during the relevant financial year.

Q5.What is Form GSTR-9B and who is required to file it?

Ans. GSTR-9B is Annual return for the person paying tax under section 52 which is the person who is required to collect a tax. Since the provision of section 52 is applicable from 01st October 2018 only, such persons are not required to file GSTR-9B for the year 2017-18.

Q6.Which Annual return is to be filed by a taxable person if he was earlier registered as composition taxpayer but later he switched over from composition scheme and his status as on 31st March 2018 is a regular taxpayer?

Ans. In such case, he shall be required to file GSTR-9A for the period he was registered as composition taxpayer and for the remaining financial year, he shall be required to file GSTR-9. Hence, he shall be required to file both the Annual Return GSTR-9A and GSTR-9.

Q7.Whether a Taxpayer shall be required to file GSTR-9 even though his registration has been canceled before 31st March 2018? Whether answer remains the same if his application for cancellation was pending as on 31st March 2018?

Ans. As per Legal provision of Section 44(1) of CGST Act, every registered person shall be required to file GSTR-9. Hence, even if the status of a taxpayer is not registered as on 31st March 2018 but he was registered between July-17 to March-18, he shall be required to file GSTR-9 providing details for the period during which he was registered.

Similarly, if a taxpayer had applied for cancellation of registration but the application was pending as on 31st March 2018, he shall be required to file GSTR-9.

Q8.Whether Taxpayer shall be required to file GSTR-9 even though he was having Nil Turnover during the year 2017-18?

Ans. Yes, every registered person is required to file GSTR-9 irrespective of Turnover.  However, facility to file GSTR-9 on single click may be provided in such case.

Q9.What is the Due date of filling GSTR-9?

Ans. As per section 44(1) of CGST Act, every registered person is required to file an annual return on or before 31st December of the year succeeding the financial year in form GSTR-9. For the FY 2017-18, the due date of filling GSTR-9 is 31st December 2018.

Q10.Whether transactions for the period April-17 to June-17 are also to be included in GSTR-9 for FY 2017-18?

Ans. No, instructions forming part of GSTR-9 which was notified by Notification No. 39/2018 dated 04th September 2018, clearly mentions that only details for the period July 2017 to March 2018 are to be provided in GSTR-9.

Q11.If a Taxpayer has obtained more than one GST Registration even though he has a single PAN, then whether GSTR-9 is to be filed at Entity level or GSTIN wise?

Ans. As per Legal provision of Section 44(1) of CGST Act, every registered person shall be required to file GSTR-9. Hence, if a Taxpayer has obtained multiple GST Registrations whether in one state or more than one state, it shall be treated as a distinct person in respect of each such registration as per section 25(4) of CGST Act. Hence, GSTR-9 is required to be filed separately for each such GSTIN.

Q12.What is the difference between GSTR-9 and GSTR-9C?

Ans.As per section 35(5) of CGST Act, every registered person whose turnover during the financial year exceeds prescribed limit (Rs. 2 cr.) shall get his accounts audited by a chartered accountant or a cost accountant and shall submit a copy of the audited annual accounts, the reconciliation statement under sub-section (2) of section 44 which is called GSTR-9C and such other documents in such form and manner as may be prescribed. Hence, the requirement of GST Audit u/s 35(5) would arise only if prescribed limit of turnover exceeds Rs. 2 cr. and certified reconciliation statement -GSTR-9C shall require to be submitted.

On the other hand, GSTR-9 is an Annual return which is required to be filed by every registered person irrespective of threshold limit of turnover.

Q13.Which are the parts of information sought in GSTR-9?

Ans.GSTR-9 contains total of 6 parts spread out within 19 Tables. Details required in each part is as below:

  • Part-I: Basic information of Taxpayer from Table 1 to 3
  • Part-II: Details on which tax is to be paid in Table 4 & 5
  • Part-III: Details of the Input tax credit from Table 6 to 8
  • Part-IV: Details of tax paid and payable in Table 9
  • Part- V: Details of transactions of 2017-18 reported during April-18 to Sep-18 in Table 10 to 14
  • Part-VI: Other information from Table 15 to 19


Q14.What will be a source of information for filling up GSTR-9?

Ans.GSTR-9 is merely a compilation of data filed in GSTR-3B and GSTR-1. As per the instructions of the form GSTR-9, it is stated that information of outward supplies ‘may’ be derived from Form GSTR 1. Hence, so far as Outward supplies and tax payable in the annual return is concerned, the same is to be extracted from Form GSTR 1 only.

Inward supplies, input tax credit and the net tax paid in cash are to be gathered from Form GSTR 3B.

But before filing GSTR-9, Value as per GSTR-3B and GSTR-1 must align. If there are any differences, then the same must be adjusted to subsequent returns filed up to September-18 as per circular 26/26/2017-GST dated 29th December 2017.

It seems that the inherent assumption that has been taken while drafting the form is that Form GSTR 3B and Form GSTR 1 are in consonance with each other which may not be always true.

In case the values as per Form GSTR 3B and GSTR 1 are not matching with each other, one may arrive at a differential value of tax payable and tax paid as per annual return. A clarification may be expected from the Government regarding the manner of payment of any additional liability (if any). However, if one faces such a situation, then the additional tax liability may be paid through Form GSTR 3B of the subsequent month/Form DRC-03.

Q15.If the taxpayer has identified some information which are missed to be reported in GSTR-3B or GSTR-1, whether the same can be added while filing GSTR-9?

Ans. As discussed above, it seems that GSTR-9 is a merely compilation of data filed in GSTR-3B and GSTR-1 and no other information can be incorporated in GSTR-9. GSTR-9 requires details from monthly/quarterly returns on ‘as is’ basis. Even if a taxpayer has identified data fed in GSTR-1 / GSTR-3B as incorrect, still the same data is to be taken for reporting in annual return. The actual data present in the financial statements and the books of accounts of the entity is not to be considered at all for the purpose of reporting in annual return. So, the intent of the form is not to allow rectification of data filed in the monthly/Quarterly returns but the only aggregation of such data in respect of the financial year.

Q16.If no other information can be furnished in GSTR-9 over and above what is stated in GSTR-1 and GSTR-3B, then how can the taxpayer pay the tax liability in case he identifies certain liabilities which are missed to be reported?

Ans: If there is any additional liability missed to be reported in GSTR-1 / GSTR-3B pertaining to 2017-18, the same will be reported in subsequent GSTR-1 / GSTR-3B up to September 2018. However, if the same is missed to be reported in GSTR-1 / GSTR-3B up to September 2018, as of now there is no clarity provided by Government whether the same can be paid through GSTR-3B or DRC-03.

Q17.If GSTR-9 is a compilation of the earlier returns (GSTR-1 / GSTR-3B) filed, then whether GSTR-9 will be auto-populated?

Ans: Only the fields mentioned in the Form as ‘auto’ will be auto-populated. The Government is yet to clarify regarding the auto-population of rest of the fields.

Q18.What is the difference between Legal Name and Trade Name?

Ans. Legal name is a name given by statue which is generally found in PAN. A trade name is a name from which entity is known generally brand name. The person may have the legal name which is different from Trade name e.g. “Maggi” could be a trade name while its legal name is Nestle Limited. Legal name and trade name will be auto-populated from GST Registration.

Q19.Which information shall be provided in Table 4?

Ans.As per the heading of Table-4,
  • Details of Advances on which tax is payable,
  • Inward supply on which tax is payable on RCM basis and
  • outward supply on which Tax is payable


Which was already reported in returns filed during the financial year that is for the period July-17 to March-18 is to be reported in Table-4 of GSTR-9. Please note that the expression return filed during the financial year will have to be read as the return filed for the financial year. Even belated returns filed for the period July-17 to March-18 is to be considered for providing information in Table-4.

Table-4K and 4L also contain details of supplies/tax declared through Amendments. In this Table, amendments related to invoices of July-17 to March-
declared in GSTR-1 of July-17 to March-18 will be reported in Table-4 of GSTR 9; and

Amendments related to invoices of July-17 to March-18 declared in GSTR-1 of April-18 to September-18 will only be reported in Part V Table 10 & 11 of GSTR 9.

E.g. Taxpayer has filed GSTR-1 for the month of August-17. Now he has identified one invoice to be amended in August-17 return. If such amendments have been made up to March-18 return, then the same will be reported in Table-4K/4L of GSTR-9. However, in case such amendment is made in GSTR-1 of April-18, then the same will be reported in Table 10 or 11 as the case may be.

Q20.Where to report DN / CN issued to unregistered person?

Ans. Unlike B2B supplies, DN/CN issued to an unregistered person is to be adjusted against outward supply and net supply and is to be furnished in Table 4A. Even credit note raised against transaction reported as B2C in GSTR-1 is also to be adjusted in Table-4A.

Q21. Whether supply made to the registered person (B2B) as required in Table-4B also includes outward supply on which tax is payable by the recipient on a reverse charge basis?

Ans. No, an only outward supply made to the registered person on which tax is payable on the forwarding charge basis by the supplier will be reported in Table 4B. Outward supplies under a reverse charge shall be reported in Table-5C. e.g. in case of GTA operator filing his GSTR-9, he is required to report outward supply in Table-5C.

Q22. Where to report stock transfer made to another branch situated in another state if both are registered?

Ans. Since both branches are registered persons for a particular state, these transactions are to be reported in supplies made to registered person (B2B) Table 4B.

Q23. The taxpayer has made two type of exports, one with payment of tax and the other without payment of tax. Where to report both these transactions?

Ans. Export with payment of tax is to be reported in Table-4C. This table warrants details of transactions where tax is payable. Exports without payment of tax is to be reported in Table-5A. The same principle will hold good for supply to SEZ also.

Q24. What is the meaning of deemed exports to be reported in Table-4E?

Ans. As per Notification No. 48/2017-central tax dated 18th October 2017, following supplies are to be regarded as deemed exports:

  • Supply of goods against advance authorization
  • Supply of capital goods against EPCG authorization
  • Supply of goods to EOU (export-oriented undertakings)
  • Supply of gold by bank/PSU specified in Notification No. 50/2017-Customs dated 30th June 2017


Since such supplies are notified as deemed export from 18th October 2017 only, supply before that will not be termed as deemed export.

Q25. Whether all advances on which tax is paid but subsequently got adjusted against invoices shall also to be reported in Table-4F?

Ans. No, only outstanding advances as on 31st March 2018 on which tax was paid but invoice not issued against the same are to be reported in Table-4F.

Q26. Whether advances received during pre-GST regime but against which invoice is not yet issued is to be reported in Table-4F?

Ans. No, only advances on which GST has been paid but remained unadjusted as invoice not issued is to be reported in Table-4F.


Q27.Which information shall be to be provided in Table 4G for Inward supply on which tax is to be paid on reverse charge basis?

Ans. Tax paid on reverse charge basis under these sections are to be reported in Table 4G. There are two type of reverse charge transactions, one is specific reverse charge on certain supplies u/s 9(3) of CGST Act / 5(3) of IGST Act and another is general reverse charge which was effective till 12th October 2017 applicable on procurement of inward supply from unregistered person u/s 9(4) of CGST Act / 5(4) of IGST Act.

Q28. Whether credit note/debit note issued during 18-19 in respect of transactions of July-17 to March-18 is to be reported in Table 4I and 4J?

Ans. No, only credit note/debit note issued and disclosed in the GST returns between July-17 to March-18 is to be reported in 4I and 4J. If the issue date of credit note/debit note is ranging between July 2017 to March 2018 and if the same has been reported in the GST returns during the period April – September 2018, then it will form part of Part V of the Annual return. However, if the issue date of the credit note/debit note is after 31st March 2018, then it needs to be reported in the Annual return of 2018-19 even though the invoice to which it relates may belong to the period 2017-18.

Q29. How are amendments made in supply to be reported in GSTR-9?

Ans. Amendments in supply are to be reported in Table-4K, 4L, 5J, 5K, 10 and 11 depending on the nature of the transaction. 
E.g. If the value of original B2B supply is Rs.1000 but which was reported as Rs.100 in GSTR-1 and subsequent amendments have been made in next GSTR-1 with correct value then Rs.100 will be reported in Table- 4B and Rs.900 will be reported in Table-4K.

Q30. Which information is to be provided in Table-5?

Ans. Details of outward supplies on which no tax is payable like Export or SEZ supply with LUT or Bond is to be reported in Table-5. Even outward supply on which recipient is liable to pay tax on RCM basis is to be reported here only.

Q31. Which information is to be reported in Table-6?

Ans. In Table-6, Input tax credit availed in GSTR-3B filed for the period July-17 to March- 18 will be auto-populated in Table-6A. Break up of such ITC will be reported in Table-6B to 6H. Further, Transitional credit which was not reported in GSTR-3B is to be reported in Table 6K and 6L. Details required in each table are as below:

Table-6A: Auto-populated ITC from GSTR-3B
Table-6B: All other ITC details
Table-6C: ITC of tax paid under reverse charge basis u/s 9(4) or 5(4)
Table-6D: ITC of tax paid under reverse charge basis u/s 9(3) or 5(3)
Table-6E: IGST paid on import of goods
Table-6F:         IGST paid on import of services
Table-6G: ITC received from ISD
Table-6H: ITC reclaimed which was reversed earlier
Table-6K: ITC of TRAN-I
Table-6L: ITC of TRAN-II

Q32. GSTR-3B doesn’t require ITC to be bifurcated into Input, Input service and capital goods whereas Input tax credit details as per Table-6 requires such breakup. How to report the same?

Ans. Basically, GSTR-9 is prepared based on an earlier process of filling GSTR-1, GSTR-2, and GSTR-3. In GSTR-2, there was a requirement to bifurcate ITC into Input, Input service and capital goods. However, as GSTR-2 was not required to be filed till now, one will have to carry out an additional exercise to identify the category of ITC into Input, Input service, and capital goods from books of account.

Q33. Whether any ITC pertains to FY 2017-18 but claimed subsequently in GSTR-3B of April-18 to September-18 will be reported in Table-6?

Ans. No. Even though ITC belongs to FY 2017-18, the same will not be reported here. Only ITC claimed up to March-2018 in GSTR-3B will be reported here.

Q34. Whether ITC of TRAN-II filed after March-18 will be reported in Table-6L?

Ans. No. ITC of TRAN-II credited in electronic credit ledger up to 31st March 2018 only be reported in Table-6L. The same way any reversal which has an impact on electronic credit ledger up to 31st March 2018 is to be reported in Table-7G.

Q35. Which information is provided in “Any other ITC availed but not specified above” in Table-6M?

Ans. Any other ITC which is not specifically included in 6B to 6L will be reported here. This will include ITC claimed through Form ITC-01, ITC-02, and TRAN-III credit.

Q36. What is the scope of Table-7 so far as Table 7A to 7D is concerned?

Ans. ITC reversed as per various rules in GSTR-3B filed for the period up to March-18 is to be reported in Table-7.

Table-7A: As per Rule-37.
As per proviso to section 16(2) of CGST Act read with Rule 37 of CGST Rules, Amount of ITC reversed on non-payment of the value of supply along with tax within a period of 180 days from the date of the invoice is to be reported.

Table-7B: As per Rule-39.
Rule 39 deals with the procedure for distribution of input tax credit by Input Service Distributor (ISD). If any supplier gives credit note to the ISD then input tax credit is required to be reduced and shall be apportioned to each recipient in the same ratio in which the input tax credit contained in the original invoice was distributed.

Table-7C: As per Rule-42
Rule 42 of CGST Rules describe the manner of determination of input tax credit in respect of inputs or input services and reversal thereof. If Input and Input service is used partly for business purpose and party for non-business purpose or such input and input service is used for effecting taxable supply and exempt supply, then ITC reversal is required as per Rule-42. ITC reversed as per Rule-42 is to be reported in Table-7C.

Table-7D: As per Rule-43
On similar lines of Rule 42, Reversal of input tax credit of capital goods is required when capital goods are used partly for business purpose and partly for non-business purpose or such capital goods are used for effecting taxable as well as exempt supply. ITC reversed on capital goods as per Rule-43 is to be reported in Table-7D.

Q37.Whether ineligible ITC as reported in Table-4D of GSTR-3B is to be reported in Table-7E of GSTR-9?

Ans. No, Net ITC as per GSTR-3B does not take into consideration ineligible ITC as reported in Table-4D of GSTR-3B. So auto-populated figure of Net ITC in Table-6A of GSTR-9 does not contain ineligible ITC. Since taxpayer has not availed such ineligible ITC at all, there is no requirement to reverse it. This will be applicable in a situation wherein Table 4A of GSTR 3B does not contain the amount of ineligible input tax credit.

However, if taxpayer later on identified certain ITC claimed to be ineligible at the time of filing GSTR-9 then such amount is to be reported in Table-7E of GSTR-9.

Q38. Which information is to be furnished in “other reversals” as mentioned in Table-7H?

Ans. Credits is required to be reversed as per rule 44 of the CGST Rules, 2017 in case of special circumstances read with section 18(4) and section 18(6) of the CGST Act, 2017. Any other credit reversal made up to March-18 not specified in Table-7A to 7G is to be reported in Table-7H. However, credit reversal pertaining to 2017-18 but reversed after March-18 is to be reported in Table-12.

Q39. Which information is contained in GSTR-2A Table-3 and Table-5 which are auto-populated in Table-8A of GSTR-9?

Ans. Table-3 of GSTR-2A contains details of inward supplies received from a registered person other than supplies attracting Reverse charge and Table-5 of GSTR-2A contains details of Debit note/credit note received during the current period.

Q40. What is the purpose of Table-8?

Ans. Basically, Table-8 calculates total ITC that is deemed to be lapsed during the financial year 2017-18 which is sum total of the below two items:

a) Difference of ITC as per GSTR-2A and ITC actually availed 
GSTR-2A reflects total ITC passed on to the taxpayer but out of that taxpayer might not have claimed some ITC voluntarily (to be reflected in Table-8E) or he might not have claimed the same because it is ineligible (to be reflected in Table-8F).

b) Difference of IGST paid on Import and IGST credit availed
Further, at the time of Import, Taxpayer would have paid IGST but he might not have claimed full IGST paid as an input tax credit.

Sum total of the above differences are input tax credit which will not be available to the taxpayer in 2017-18 is what Table-8 want to draw down.

Please note that there might be a situation where some ITC available in GSTR-2A but the taxpayer may not have claimed it up to March-2018 but claimed during April-18 to Sep-18, that credit is also to be reported in Table-8C. This ITC will not form part of total ITC to be lapsed.

Unlike a normal Input tax credit, the government has not provided a mechanism to report IGST on Import paid during 2017-18 but claimed in April-18 to Sep-18 which taxpayer can legally claim. More clarification from the government is expected in this regard.

Q41. Whether total ITC lapsed as per Table-8K will reduce ITC from Electronic credit ledger?

Ans. No, total ITC lapsed is only informative and it will not have any impact on Electronic credit ledger.

Q42.Which period information is to be provided in details of tax payable and paid in Part-IV Table-9?

Ans. Tax payable and paid details are to be extracted from GSTR-3B for the period July-17 to March-18.

Q43.What is the scope of Part-V Table-10 to 13?

Ans. Table 10 to 13 plays a very important role in GSTR-9. Any changes in the supply of July-17 to March-18, made through Amendments, credit note or debit notes which were reported in GSTR-1 of April-18 to September-18 is to be reported in Table-10 if the same is resulting into increase in the value of supply. However, if it is resulting in the reduction in value of supply then the same is to be reported in Table -11. Also, if there are any invoices which belong to the period of 2017-18 but completely reported in Form GSTR 1 of 2018-19 for the first time, they will fall within the scope of Part V Table 10 to 13.

An important point to note here is that only credit note or debit note issued during April-18 to September-18 for supply effected during July-17 to March-18 is to be reported in Table-10 and 11, as the case may be.

Similarly, if any input tax credit belongs to the period July-17 to March-18 but which has been claimed in GSTR-3B of April-18 to September-18 is to be reported in Table-12 and 13. If the same is resulting into the reversal of Input tax credit, then it will form part of Table 12 and it will be reported in Table-13 if the same is resulting into an addition of input tax credit.

An important point to note here is that only additional or reduction in ITC belongs to July-17 to March-18 is to be reported in Table-12 and 13 as the case may be.

Q44. How differential tax payable is calculated as per Table-14?

Ans. As discussed above, when there is a change in supply effected during July-17 to March-18 adjustment is required to be reported in Table-10 and 11. Such amount of net tax payable will be reported in Table-14.

Q45. GST Refund is claimed before March-18 but sanctioned in April-18. How to report such kind of situation in Part VI Table-15?

Ans. GST Refund claimed during July-17 to March-18 is to be reported in Table-15A. If the refund is sanctioned after March-18 then that is not to be reported in Table-15B. The same principle will hold good for other refund and demand details. Cutoff date to report transactions here is 31st March 2018.

Q46. Refund of erstwhile law was claimed before July-17 but received in GST regime. Whether the same is to be reported in Table-15B?

Ans. No. Non-GST refund claim, as well as Non-GST demand, is not to be reported in table-15.

Q47. Taxpayer has received a notice from its jurisdiction range office that there is a tax difference between GSTR-1 vs GSTR-3B / GSTR-3B vs GSTR-2A. Whether such tax differences are to be reported in total demand of tax in Table-15E?

Ans. No, demand of tax for which an order confirming the demand has been issued by adjudicating authority shall be reported in Table-15E. Only notice received asking for reasons/reconciliation of tax differences between returns filed cannot be said to be an order confirming demand of tax. So, the same will not be reported in Table-15E.

Q48. What is deemed supply under section 143?

Ans. As per section 143(3) and (4) of CGST Act, when input and capital goods are sent to job-worker for job work but are not received back within the stipulated time (1 year for input and 3 years for capital goods) from the date of it being sent, same will be deemed as supply in the hands of the supplier on the day on which the input or capital goods were sent by the principal. However, since time limit of 1 year and 3 years will not get triggered as on 31st March 2018, there will not be any
 transaction to be reported in Table-16B.

Q49. Goods sent to job worker before July-17 and returned between the periods July-17 to March-18. Whether this transaction is to be reported in Table-16B?

Ans. No, this situation gets covered by section 141 of CGST Act and not by section 143 of CGST Act. Hence, they are not required to be reported. If goods are returned within the stipulated time as provided in section 141 then no tax shall be payable. However, if goods are returned beyond the stipulated time as provided in section 141 then input tax credit availed by the Principal shall be recovered as arrears of tax under CGST Law and no input tax credit of such tax paid shall be allowed under the CGST Law.

Q50. How to extract details of HSN wise summary of inward supplies where the same is not required to be reported in GSTR-3B?

Ans. GSTR-9 is prepared based on the earlier process of filling GSTR-1, GSTR-2, and GSTR-3. In GSTR-2, there was a requirement to report details of HSN wise summary of inward supplies. However, as GSTR-2 was not required to be filed till now, one will have to carry out an additional exercise to identify and report HSN wise summary from the books of accounts.

Q51. Whether GSTR-9 can be revised?

Ans. No such option has been provided in the law till now.

Q52. How much late fee is payable for late filing of GSTR-9?

Ans. As per section 47(2) of CGST Act, Late fee for the belated filing of GSTR-9 is Rs.100 per day subject to a maximum of 0.25% of turnover in a state/UT. A similar provision is there in SGST Act also. Hence, in total there will be a late fee of Rs.200 per day subject to 0.50% of turnover in a state on the late filing of GSTR-9.

Q53. What are the consequences of the failure to file GSTR-9?


Ans. If one fails to file GSTR-9 then first late fees will be payable as discussed above. A notice may be issued u/s 46 requiring him to furnish such return within stipulated time.

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