GST Annual Return in Form GSTR-9 and GSTR-9C for FY 2021-22

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The annual compliance under GST is a mechanism for the taxpayers to rectify all their inadvertent mistakes committed while filing of returns, reconciling their returns with the financial statements, and ensuring timely and accurate compliances. With the onset of December 2022, it is now time for taxpayers to start working on these annual compliances. The below article provides a detailed insight into the annual return for the relevant taxpayers:

Relaxations in GSTR-9 and GSTR-9C

  1. Notification No 29 /2021-Central Tax dated 30 July 2021 has stricken off Section 35(5) of Central Goods and Services Tax Act, 2017 (‘CGST Act’) thus eliminating the mandatory requirement of audit under GST by a CA or CMA.
  • It may be noted that taxpayers having aggregate turnover upto INR 2 crores have been exempted from filing GSTR-9 and taxpayers with aggregate turnover upto INR 5 crores have been exempted from filing of reconciliation statement in GSTR-9C.

Due date of filing: The due date to file GSTR-9 and GSTR-9C for FY 2021-22 is on or before 31st December 2022.

The major amendments and table wise details are as follows:

GSTR-9 – Annual return

  1. Outward supply details
Table No of Form GSTR-9Table detailsOptional or mandatoryAdditional remarks, if any
4. Details of advances, inward and outward supplies made during the year on which tax is payable
4A to 4GB2C (4A) and B2B (4B) supplies, Export (4C) and SEZ (4D) supplies on payment of tax, deemed exports (4E), advances on which tax paid but invoice not issued (4F), inward supplies on which tax is paid on RCM basis (4G)Mandatory, if applicable to the Company
4ICredit Notes issued in respect of transactions specified in Table 4B to 4E.MandatoryThe credit notes have to be reported separately.
4JDebit Notes issued in respect of transactions specified in Table 4B to 4E.MandatoryThe debit notes have to be reported separately.
4K and 4LSupplies / tax declared through Amendments & Supplies / tax reduced through AmendmentsMandatoryThe amendments have to be reported separately.
5. Details of Outward supplies made during the financial year on which tax is not payable
5A, 5B and 5CExport (5A) and SEZ (5B) supplies without payment of tax, supplies on which tax is to be paid by recipient on reverse charge basis (5C).Mandatory
5D and 5EExempted and Nil RatedMandatoryThe details of such supplies can be provided in “Exempt” field in Table 5D on consolidated basis, if bifurcation of such supplies in not available.
5FNon-GST supplyMandatory 
5HCredit Notes issued in respect of transactions specified in Table 5A to 5F.OptionalThe credit notes can be consolidated in detail reported in Table 5A to 5F instead of reporting here separately.
5IDebit Notes issued in respect of transactions specifiedin Table 5A to 5F.OptionalThe debit notes can be consolidated in detail reported in Table 5A to 5F instead of reporting here separately.
5J and 5KSupplies declared through Amendments & Supplies reduced through AmendmentsOptionalThe amendments can be adjusted against details reported in Table 5A to 5F instead of reporting here separately.

2.    ITC details

6. Details of ITC availed during the financial year
6BInward supplies (other than imports and inward supplies liable to reverse charge but includes services received from SEZs)Partly optionalThe details of capital goods need to be reported separately. However, details of inputs and input services can be reported on a consolidated basis under the head ‘Inputs’.
6CInward supplies received from unregistered persons liable to reverse charge (other than 6B above) on which tax is paid & ITC availedPartly optionalThe details of capital goods need to be reported separately. However, details of inputs and input services can be reported on a consolidated basis under the head ‘Inputs’.
6DInward supplies received from registered persons liable to reverse charge (other than B above) on which tax is paid and ITC availed.Partly optionalThe details of capital goods need to be reported separately. However, details of inputs and input services can be reported on a consolidated basis under the head ‘Inputs’.
6EImport of goods (including supplies from SEZ)MandatoryThe details of capital goods need to be reported separately. However, details of inputs and input services can be reported on a consolidated basis under the head ‘Inputs’.
6FImport of services (including inward supplies from SEZ)Mandatory
6GITC received from ISDMandatory
6HAmount of ITC reclaimed (Other than Table 6B)Mandatory
7. Details of ITC Reversed and Ineligible ITC as declared in returns filed during the financial year
7A, 7B, 7C, 7D, 7E, 7F, 7G and 7HAs per Rule 37, Rule 39, Rule 42, Rule 43, Section 17(5), Reversal of TRAN-I credit, Reversal of TRAN-II credit, Other reversalsPartly OptionalAccumulated amount of reversal from 7A to 7E can be filled in 7H i.e., in ‘Other reversal’, but reversal of transitional credit fields(7F and 7G) is required to be reported separately.
8AITC from GSTR-2AAuto populatedThe total credit available for inwards supplies (other than imports and inwards supplies liable toreverse charge but includes services received from SEZs) pertaining to the FY 2021-22and reflected inForm GSTR-2A(table 3 & 5 only) shall be auto-populated in this table.
8BITC as per Table 6B + 6HAuto populatedThis table is auto-populated basis the details furnished in Table 6B and Table 6H in the annual return.
8CITC on inward supplies (other than importsand inward supplies liable to reverse chargebut includes services received from SEZs)received during the financial year but availedin the next FY upto specified periodMandatoryThis table contains the details of ITC in respect of inward supply invoices received during the FY 2021-22 but availed in FY 2022-23 upto the GSTR-3B for the month of October 2022 filed upto 30 November 2022.
8E and 8FITC available but not availed (8E) and ITC available but ineligible (8F)MandatoryIdeally, if the value of Table 8D is positive, then the sum total of 8E and 8F shall be equal to 8D.
8GIGST paid on import of goods (includingsupplies from SEZ)Mandatory
  • Other detail tables
9Details of tax paid as declared in returns filed during the financial year.MandatoryThis table is mandatory. It is required to be filled on the basis of tax payable and paid as declared in GSTR-1 and GSTR-3B.
10 & 11Supplies / tax declared through amendments and Supplies / tax reduced through amendmentsOptionalAmendment of invoices pertaining to FY 2021-22 made in GSTR 1 filed for the period between April 2022 to October 2022 is to be declared here.
12Reversal of ITC availed during previous financial yearOptionalITC for the FY 2021-22 reversed in GSTR-3B for the period between April 2022 to October 2022 is required to be declared here.
13ITC availed for the previous financial yearOptionalITC for the FY 2021-22 availed in GSTR 3B filed for the period between April2022 to October 2022 is to be declared here. ITC reversed in 2021-22 as per provisions of Section 16(2) but reclaimed in GSTR 3B for the period between April2022 to October 2022 will not come in this table as the same will be furnished in annual return to be filed for FY 2022-23.
14Differential tax payable on account of declarations made in Table 10 and 11.Mandatory, if any tax becomes payable.This table contains the tax payable as a result of declarations made in Table 10 and Table 11.
15A, 15B, 15C and 15DDetails of refund claimed during the year including sanctioned, rejected or pending amount.OptionalIt is not mandatory to provide refund related details.
15E, 15F and 15GIt also covers total demand of taxed made during the year, amount paid and pending amount.OptionalIt is not mandatory to provide demand details in GSTR-9.
16A, 16B and 16CSupplies received from Composition taxpayers (16A), deemed supply under Section 143 (16B), goods sent on approval basis but not returned (16C).OptionalIt is not mandatory to fill Table 16.
17HSN Wise Summary of outward suppliesMandatoryIt is mandatory to fill the HSN summary for outward supplies.
18HSN Wise Summary of Inward suppliesOptionalIt is not mandatory to fill the HSN summary.
19Late fee payable and paidMandatory, wherever applicableIf annual return is filed late, this table is required to be filled.

GSTR-9C – Reconciliation statement

  1. Form GSTR-9C has to be self-certified by the taxpayer instead of being certified by CA/ CMA.
  2. Table 12B and 12C related to ITC is now mandatory to report for the taxpayers in GSTR-9C.
  3. The other relaxations provided in reporting of datafor certain tables of Form GSTR-9C in FY 2020-21 will continue for FY 2021-22 as well.

Late fee for delay in filing:Any registered person failing to furnish the GSTR-9 by the due date, shall be liable to pay a late fee of INR 200 (INR 100 for CGST and SGST each) every day during which such failure continues subject to a maximum of an amount calculated at a half per cent of his turnover in the State or Union territory. Further, while calculating maximum late fee, ‘turnover in State’ or ‘turnover in Union territory’ should be taken into consideration.

Penalty: For non-filing of GSTR-9C before due date, general penalty of INR 50,000 (INR 25,000 CGST and SGST each) will be applicable.

Through the above amendments, the government has tried to reduce the compliance burden on taxpayers but at the same time putting onus on taxpayers to provide, true and correct information in the annual return and reconciliation statement.

Disclaimer: The above article is based on the information provided in the tax laws, rules, notifications, circulars, various tax platforms and the author’s personal view of the tax law. Please refer to the latest law and consult the author before forming an opinion basis the information provided above as tax laws are subject to frequent changes. The author is not responsible for any issues arising as a result of opinion based on the above article without consultation. The author welcomes the feedback of the readers at [email protected]

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GAURAV MITTAL
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