GSTR – 9 and GSTR – 9C under GST | A brief understanding
1. What is GSTR-9?
Ans: GSTR-9 is an annual return under GST. As per Rule 80(1) of CGST Rules, every registered person (other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a nonresident taxable person) shall furnish an annual return In FORM GSTR-9.
GSTR 9 is compilation of data from all returns filed by taxpayer on monthly / quarterly basis during the relevant financial year in Form GSTR-1 and GSTR- 3B.
2. Who is not required to file GSTR-9?
Ans: The following persons are not required to file GSTR-9.
i. Input service Distributor
ii. Person paying tax under section 51 or section 52
iii. Casual taxpayer.
iv. Nonresident Taxable Person / UIN Holders
v. Composite taxpayer
3. Is there any turnover limit for filing GSTR-9?
Ans: As per section 44(1) of CGST Act, there is no turnover limit for GSTR-9. That means every taxpayer is legally required to file GSTR-9 irrespective of his turnover for the relevant financial year.
However as per powers conferred by section 148 of CGST Act, government has made GSTR-9 optional for taxpayers having turnover upto Rs. 2 crores for the FY 2017-18 and FY 2018-19 and FY 2019-20. Now it is upto taxpayer whether he wants to file GSTR-9 for these years or not.
Please note that if the tax payer chooses not to file GSTR 9 in that case as per the notification by CBIC it will be assumed that figured mentioned in GSTR 1 and GSTR 3B are final and GSTR 9 will be considered as filled by the tax payer.
Hence, if a tax payer has any discrepancy in GSTR 3B or 1 he must file GSTR 9 and remove the same because as such there is no minimum turnover limit for GSTR 9.
4. What is the due date for filing of GSTR-9?
Ans: As per section 44 of CGST Act, regular due date for filing of GSTR-9 is 31st December following the end of relevant financial year.
However, during these times the due date for GSTR 9 and 9C is continuously changing. As of today due date for GSTR 9 and 9C for FY 2018-19 is 30.11.2020.
5. What is the late filing fee for GSTR-9?
Ans: As per Section 47(2) of CGST Act, any person who fails to furnish GSTR-9 as required under section 44 by the due date shall be liable to pay a late fee of Rs. 100 per day subject to a maximum of an amount calculated at a 0.25% of his turnover.
It is to be noted that late fee of Rs. 100 shall be levied under CGST Act and equal amount of Rs. 100 fee shall be levied under SGST Act also.
6. Can GSTR-9 be revised?
Ans: No, GSTR-9 cannot be revised. Once it is submitted and filed, it become final. No change can be made thereafter.
7. What is GSTR-9C?
Ans: As per Rule 80(3) of CGST Rules, every registered person whose aggregate turnover during a financial year exceeds Rs. 2 Crores shall get his accounts audited and furnish a copy of audited annual accounts and a reconciliation statement in FORM GSTR-9C
However as per proviso to Rule 80(3) the limit of Rs. 2 crores has been increased to Rs. 5 crores for FY 2018-19 and FY 2019-20. It is to be noted that this enhancement of limit is only for FY 2018-19 and FY 2019-20 and not for any other year.
Further GSTR-9C is not a substitute for GSTR-9. Rather it is to be filed along with GSTR-9.
8. What is aggregate turnover in GST?
Ans: The aggregate turnover is very important in GST. As per section 2(6) of the CGST Act,
i. All taxable supplies (including those outward supply on which gst is payable under RCM by the receipient)
ii. Exempt supplies
iii. Exports
iv. Inter-state supplies
but excludes
i. Inward supplies on which tax is payable by a person under RCM
CGST, SGST, IGST, UTGST, Cess.
The aggregate turnover is to be combined on all India basis for all GSTINs having the same PAN. Aggregate turnover cannot be computed on per GSTIN basis.
9. Period for which annual return is required to be filed?
Ans: Annual Return needs to be filed for every financial year starting from 1st of April and ending 31st of March.
10. Who can become GST Auditor?
Ans: As per Section 35(5) of CGST Act read with Section 2(23) and section 2(35), only chartered accountant or cost accountant can be appointed as GST Auditor of taxpayer. A company secretary cannot be appointed as GST auditor.
It is to be noted that statutory auditor can also be appointed as GST Auditor of the same entity simultaneously.
Further as per announcement made on 28th September 2018 by the council of the ICAI in its 378th meeting, it is clarified that “an Internal Auditor of an entity cannot undertake GST Audit of the same entity”
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