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EASTERN INDIA REGIONAL COUNCIL

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1 EASTERN INDIA REGIONAL COUNCIL

2 GST Annual Return

3 What is Annual Return? Section 44(1) of CGST Act, 2017 states that :
Every registered person, other than an • Input Service Distributor (ISD) • a person paying tax under section 51 or section 52 (TDS / TCS) • a casual taxable person (CTP) and • a non-resident taxable person (NRTP) shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year

4 GSTR-9 & 9A Order No. 03/2018- CT, 31-12-2018
As per Rule 80 of CGST Rules 2017, Form GSTR-9 is an Annual Return GSTR 9 / 9A Notified vide NN 39/2018 – CT (Dtd. 4th September 2018) ROD Order No. 1/2018- CT, :- Removal of difficulty order regarding extension of due date for filing of Annual return (in FORMs GSTR-9, GSTR-9A and GSTR-9C) for FY till 31st March, 2019 Further, GSTR 9 / 9A Notified (AMENDED FORMS) as per Notification No. 74/ Central Tax dated 31st Dec 2018, Order No. 03/2018- CT, Seeks to amend Removal of Difficulty Order No. 1/2018 dated so as to extend the due date for furnishing of annual returns in FORM GSTR-9, FORM GSTR-9A and reconciliation statement in FORM GSTR-9C for the FY till

5 Annual return-Amendments

6 How Long to Keep the Records Sec 36
Period of Retention of Documents 72 months from due date of filing of annual return i.e. 31stDec 20xx 6 years and 9 months from end of the year Party to Appeal / Revision/other proceeding -1 year after the Final disposal or period specified above, which ever is later.

7 Sec 16(4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier. Order No. 02/2018-CT, Seeks to extend the due date for availing ITC on the invoices or debit notes relating to such invoices issued during the FY

8 DETERMINATION OF TAX LIABILITY AND ISSUE OF ORDER
Assessment of tax liability and issue an assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates : Section 62. Assessment of non-filers of returns. Section 63. Assessment of unregistered persons. Section 74. Determination of tax by reason of fraud or any wilful misstatement or suppression of facts. (Fraud cases) Section 73. Assessment of Non Fraud Cases. Determination of tax and Issue of order by proper officer for any reason other than fraud or any wilful misstatement or suppression of facts relates to or within three years from the date of erroneous refund. Section 73 read with sub section (10).

9 ANNUAL RETURN & AUDIT – GSTR-9ABC
Last date 30th June following the end of the financial year GSTR 9 / 9A Notified vide NN 74/2018 – CT (Dtd. 31st December 2018)

10 Annual Return –GSTR 9 Broad View 6 Parts 19 Tables

11 GSTR 9A – For Composition Broad View 5 Parts 17 Tables

12 Annual Return – Instruction No. 3 & 4
Instruction No 3: Part II It may be noted that additional liability of FY 17-18, which has not been discharged in FY or FY (subsequent period) MAY be declared in this GSTR-9 return through DRC-03. However, taxpayer cannot claim ITC unclaimed during FY through this return. Instruction No 4: Part II consists of the details of all outward supplies & advances received during the financial year for which the annual return is filed. It may be noted that all the supplies for which payment has been made through FORM GSTR-3B between July 2017 to March 2018 shall be declared in this part. The instructions to fill Part II are as follows: On the other hand, instruction no 4 prescribes that in Pt. II, all supplies, for which tax liability has been discharged through GSTR-3B, needs to be disclosed in Pt. II.

13 GENERAL RULE of - GSTR – 9 ANNUAL RETURN
1. NIL RETURN can be filed for the Financial year, if you have: - NOT made any outward supply (commonly known as sale); AND NOT received any goods/services (commonly known as purchase); AND NO other liability to report; AND NOT claimed any credit; AND NOT claimed any refund; AND NOT received any order creating demand 2. GSTR-9 can be filed online. It can also be prepared on Offline Tool and then uploaded on the Portal and filed. 3. Annual return in form GSTR-9 is required to be filed by every taxpayer registered as normal taxpayer during the relevant financial year. 4. All applicable statements in Forms GSTR-1 and returns in Form GSTR 3B of the financial year shall have been filed before filing GSTR-9.

14 GENERAL RULE of - GSTR – 9 ANNUAL RETURN
5 . Annual return in Form GSTR-9 once filed cannot be revised. 6. Computation of ITC based on GSTR-2A has been auto-populated by the System based on GSTR-1 filed by your corresponding suppliers upto Next update of ITC based on GSTR-2A will happen soon. If you have some missing credits in GSTR-2A, you may like to wait till next update. 7. GSTIN wise. As per 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.

15 GST STATUS AS ON GST migration and registration upto is 1,31,88,052 and out of this 17,74,379 is opted for composition scheme. Total revenue collected upto 31st march 2019 is Rs (Approx) Lacs crore from GST. Return status of filing upto 31/03/2019 for the year is : MONTH GSTR -1 GSTR-3B JULY -17 60,58,584 65,80,580 AUGUST 25,35,102 71,67,079 SEPTEMBER 68,51,313 75,14,357 OCTOBER 26,15,196 72,72,643 NOVEMBER 26,54,010 73,63,558 DECEMBER 69,51,848 74,49,906 JANUARY 26,58,601 75,65,896 FEBRUARY 26,64,859 76,89,206 MARCH 2018 71,19,259 77,96,536

16 WAIVER OF LATE FEE GSTR- 1 : Notification No. 75/2018 – Central Tax New Delhi, the 31st December, “Provided further that the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the details of outward supplies in FORM GSTR-1 for the months/quarters from July, 2017 to September, 2018 by the due date but furnishes the said details in FORM GSTR-1 between the period from 22nd December, 2018 to 31st March, 2019.”. GSTR-3B : Notification No. 76/2018 – Central Tax New Delhi, the 31st December, 2018 “Provided further that the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the return in FORM GSTR-3B for the months of July, 2017 to September, 2018 by the due date but furnishes the said return between the period from 22nd December, 2018 to 31st March, 2019.”

17 GSTR 1 Relevant Table

18 3B Filing Table 3 : Detail of Outward Supplies and Inward supplies liable to reverse charges a)Outward taxable supplies (other than zero rated, nil rated and exempted) b)Outward taxable supplies (zero rated) c)Other outward supplies, (Nil rated, exempted) d)Inward supplies (liable to reverse charge) e)Non GST outward supplies.

19 3B Filing –Table 4 (A) ITC Available (whether in full or part) (1) Import of goods (2) Import of services (3) Inward supplies liable to reverse charge (other than 1 & 2 above) (4) Inward supplies from ISD (5) All other ITC (B) ITC Reversed (1) As per rules 42 & 43 of CGST Rules (2) Others (C) Net ITC Available (A) –(B) (D) Ineligible ITC (1) As per section 17(5)

20 Comparative table of GSTR 1& 3B

21

22 GSTR -9 FORMAT PART I: Basic Details
PART II: Details of Outward and inward supplies made during the financial year  PART III: Details of ITC for the financial year PART IV: Details of tax paid as declared in returns filed during the financial year  PART V: Particulars of the transactions for the previous FY declared in returns of April to September of current FY (April 2018 to March 2019) or up to date of filing of annual return of previous FY whichever is earlier. PART VI: Particulars of Demands & Refunds. Auto populated data fields are EDITABLE, except the field in Table 6A & Table 8A of Part III of GSTR 9 and table 9 of Part IV (except for tax payable). NOTE : The fields, where the system computed values would be modified by more/less than 20%, shall be highlighted in ‘Red’ for reference and attention.

23 Part-1 - Basic Details (Table 1-3) (Auto Populated)
Notification No. 74/ Central Tax dated 31st Dec 2018 states that : The details for the period between July 2017 to March 2018 are to be provided in GSTR-9. Hence, transactions for the period April-17 to June-17 are not to be included in GSTR-9 for FY

24 Part-2 : (Table 4 & 5) Details of Outward and inward supplies made during the financial year

25 Part-5 - Particulars of the transactions for the previous FY declared in returns of April to September of current FY or up to date of filing of annual return of previous FY whichever is earlier (Table 10-14)

26 Table 10 to 14 – Circular 26 rectifications

27 Rectification of errors in Returns : Circular 26/2017
What is the error? Liability was under reported Liability was over reported Liability was wrongly reported Input tax credit was under reported Input tax credit was over reported Input tax credit of the wrong tax was taken Cash Ledger wrongly updated Which stage of filing? Confirmed Submission Cash Ledger Updated Offset Liability Return Filed

28 Amendments in GSTR 1

29 Points to remember Part-V Sl.No.10, 11, 12 & 13
are combined for the only reason that the data to be entered here should be taken from additions and amendments made after the reporting financial year relating to transactions of reporting financial year. To clarify, the assesse can include or amend tax Invoices in GSTR 1 upto 30th September of the subsequent financial year or date of filing annual return whichever is earlier. (For the financial year the time limit extended upto 31st March, 2019). Similarly the time limit for adding or amending ITC is also upto due date for filing return of September of the subsequent financial year or the date of filing annual return whichever is earlier. (For the financial year the time limit extended upto 31st March, 2019). The additions or amendments made within same financial year to be entered in Table 4 of GSTR 9 and amendments made in subsequent financial year are to be reported in table 10 and 11. The returns ‘for’ the month can be filed on-time or belatedly, it would still remain returns ‘for’ that month. While considering this Part V of GSTR 9, data reported ‘for’ but in GSTR 1 of alone is to be reckoned. Any GSTR 1 pertaining to FY belatedly filed during FY should not be considered under this table All the additions or amendments to supplies which increase the turnover should be considered in clause 10 of Part V. If result of such amendment is to reduce the total turnover, then it should be considered in clause 11 of Part V.

30 GENERAL RULE of - Table 4 & 5 of ANNUAL RETURN
Table 4 pertains to amendments made in the reporting financial year, that is any original invoice issued and reported in Form GSTR 1 of reporting financial year can be amended in subsequent months of the same reporting financial year. Any changes made post March of reporting financial year to be reported in Table 10 and 11 only. Only GST Debit notes or credit notes which are issued in relation to supplies should be captured in the annual return only if the same is as per sec 34 of CGST Act, Any commercial, accounting creditor debit notes which do not contain GST should not be adjusted for the calculation of taxable value and tax amounts in annual return. In case Credit or Debit note issued as per provisions of GST during the tax period and is reported in Form GSTR 1, in the same tax period or before the end of March of reporting financial year, will be considered in Table 4 or Table 5 as the case may be. However, if the same is omitted to be considered during the said tax period of reporting financial year and considered before 30th September of subsequent financial year (for FY the date is extended up to March 31, 2019) or the date of filing Annual Return of reporting financial year whichever is earlier shall be reported in Table 10 and 11 only.

31 A few illustrations:

32 Table summarizing various situations for Credit Notes:
Sl.No Original Invoice pertaining to : Credit Note Issued in : Credit Note Reported in : Remarks & Disclosure in GSTR-9 1 FY 17-18 Table No. 4, Sl No 4I 2 FY 18-19 Table No 11 3 To be considered in Annual Return of FY No Effect in Annual Return of FY

33 Tabular illustration of difference situations
Financial situations as per Financial situations as per for the return of Remarks) & Disclosure in GSTR-9 Actual Amount as per Books of Accounts Amount declared in GSTR-3B of Jul-17 to Mar-18 Amount declared in GSTR-1 of Jul-17 to Mar-18 Amount declared in GSTR-3B of Apr-18 to Mar-19 Amount declared in GSTR-1 of Apr-18 to Mar-19 1 100 NIL That is no error in FY 17-18) Show Entire 100 in Table 4 2 80 20 (That is the error has been rectified in subsequent year) Show 80 in Table 4 & 20 in Table 10 3 (That is, the error has not been rectified in the subsequent year from Apr-18 to Mar-19) Show entire 100 in Table 4, nothing in Table 10 and in Table 9 – There shall be a shortfall between ‘Tax Payable’ and ‘Tax paid’ – which needs to be discharged through DRC-03.

34 Tabular illustration of difference situations
Financial situations as per Financial situations as per for the return of Remarks) & Disclosure in GSTR-9 Actual Amount as per Books of Accounts Amount declared in GSTR-3B of Jul-17 to Mar-18 Amount declared in GSTR-1 of Jul-17 to Mar-18 Amount declared in GSTR-3B of Apr-18 to Mar-19 Amount declared in GSTR-1 of Apr-18 to Mar-19 4 100 80 15 That is, the error of 20 has been partially rectified by 15 in subsequent period. Balance 5 still remains to be rectified) Show 85 in Table 4 (80 as declared in FY plus 5 which is yet to be rectified post Mar-19) and show 15 in Table 10 which is rectified in FY Liability of Table 10 (15) will be shown as paid in Table 14. Whereas liability of Table 4 (85) will be shown as paid to the extend of 80 in Table 9. Again, the balance 5 needs to be discharge through DRC-03.

35 Tabular illustration of difference situations
Financial situations as per Financial situations as per for the return of Remarks) & Disclosure in GSTR-9 Actual Amount as per Books of Accounts Amount declared in GSTR-3B of Jul-17 to Mar-18 Amount declared in GSTR-1 of Jul-17 to Mar-18 Amount declared in GSTR-3B of Apr-18 to Mar-19 Amount declared in GSTR-1 of Apr-18 to Mar-19 5 100 80 20 (That is in FY 17-18, GSTR-3B was filed correctly whereas there was a short reporting in GSTR-1. The same is rectified in FY by reporting the same in GSTR-1 of FY 18-19) In Table 4, show entire 100 (for which payment has been made in GSTR-3B in FY 17-18). Nothing to be reported in Table 10 or 14. 6 That is in FY 17-18, GSTR-1 was filed correctly whereas there was a short reporting in GSTR-3B. The same is rectified in FY by reporting the same in GSTR-3B of FY 18-19) In Table 4, show 80 (for which payment has been made in GSTR-3B in FY 17-18). In Table 10, show 20 for which payment has been declared in GSTR-3B of FY

36 ADVANCES- TAX TREATMENT?

37 RCM – ISSUES ?

38 COMPULSORY RCM- APPLICABLE?

39 Table 5 - Details of Outward supplies MADE during the financial year on which tax is not payable

40 GENERAL RULE of - Table 5 of ANNUAL RETURN
The taxpayers shall identify the cases wherein, the facility of LUT was withdrawn due to any default on the part of a taxpayer and exports were made on payment of integrated tax so that the two can be reported in appropriate Tables as per the requirements of GSTR9. Any supply reportable under Table 5(C) of Form GSTR 9, on which tax is payable by a recipient under reverse charge, where the recipient being registered person such information can be derived from Table 4B of GSTR 1.

41 GENERAL RULE of - Table 5 of ANNUAL RETURN

42 Part-3 - Details of ITC for the financial year (Table 6-8)

43 CONDITIONS FOR TAKING ITC BY A REGISTERED PERSON Sec 16(2)
These 4 conditions are very important because, in case even if one condition is not fulfilled, Credit cannot be claimed, even though it is an eligible Credit. He is in possession of Invoice/Debit note/Other taxpaying document He has received the goods or services or both The Seller, (who has collected the tax from buyer) must have paid the taxes to the government. Both supplier and receiver have furnished GST returns.

44 ITC AVAILED

45

46 PART-II - Table 6 SIGMA OF NATURE OF ITC AVAILED DURING FY

47 TABLE 6J: SANCTITY OF ITC AVAILED

48 GENERAL RULE of - Table 6 to 8 of ANNUAL RETURN
In Part III data in Table 6A & Table 8A of Part III of GSTR 9 will be auto-populated and is non-editable.Where Table 6A auto- populates data of Input Tax Credit availed as per GSTR 3B during the reporting financial year and Table 8A auto-populates data of B2B inward supplies received by a supplier during the reporting financial year on which input tax credit is availed. Part-III Sl.No.6L: Transition Credit through TRAN-II Transitional credit availed, by the registered person by filing of FORM GST TRAN-II during the reporting financial year shall be declared here, in case the form is filed during subsequent financial year the same need to be reported in Table 13 of Part V.

49 Part-III Sl.No.6M: Any other ITC availed but not specified above
Details of credit under special circumstances specified in 18(1) shall be declared here. Situation 1 -Any person who has applied for registration within thirty days from the date on which he becomes liable to registration and has been granted such registration Situation 2- A person who takes voluntary registration Situation 3 - Where any registered person ceases to composition levy person, Situation 4-Where an exempt supply of goods or services or both by a registered person becomes a taxable supply In all the above situations the registered person should have filed Form GSTITC 01, within the time prescribed. Situation 5 - Section 18(3) read with Rule 41(1) of CGST Rules Where there is a change in constitution of any registered person or on account of sale of business, lease or transfer of business, amalgamated or merged with another registered person then the input tax credit which remain unutilised in his electronic credit ledger shall be transferred to the other person. In the above situations the registered person should have filed Form GST ITC 02, within the time prescribed.

50 Table 7: Details of ITC Reversed and Ineligible ITC for the financial year

51 INPUT TAX CREDIT–ISSUES ?

52 INPUT TAX CREDIT–ISSUES ?

53 TABLE 6H: ITC RECLAIMED under the provisions of the ACT (ASSUMING GSTR-9 IS FOR FY 2017-18)

54 GENERAL RULE of - Table 7 ANNUAL RETURN
Part-III Sl.No.7A: Reversal under rule 37- Input reversed as per rule 37 (non-payment within 180 days) and refund rejected that are subsequently reclaimed, shall be disclosed but excludes such ITC reversed during reporting financial year and reclaimed in subsequent financial year. Part-III Sl.No.7C: Reversal under rule 42- Input tax credit on Inputs and on input services used partly for effecting taxable supply, exempted supply or for non-business purpose, such credit for effecting exempt supply and non-business purpose, has to be reversed and the same will be reported in this clause. As per Rule 42 of CGST Rules, supplier has to reverse such credit during each tax period and finally before September of subsequent financial year. Any ITC reversed for the said tax period during reporting financial year will be disclosed under this table and any ITC reversed finally for the reporting financial year and reversed during subsequent financial year will be reported in Table 12 of Part V.

55 GENERAL RULE of - Table 7 ANNUAL RETURN
Part-III Sl.No.7D: Reversal under rule 43 The Input tax credit of capital goods used partly for effecting taxable supply, exempted supply or for non-business purpose,, such credit for effecting exempt supply and non-business purpose, has to be reversed the same will be reported in this clause. Part-III Sl.No.7F & Sl.No.7G : Reversal of TRAN-I & TRAN- II credit- It consists of ineligible transition credit wrongly claimed under TRAN-I. If such wrong TRAN-I credit reversed for the said tax period during reporting financial year will be disclosed under this table and if the same is reversed during subsequent financial year will be reported in Table 12 of Part V.

56 GENERAL RULE of - Table 7 Table 7H Other Reversal
Situation 1 - Where any registered person who has availed of input tax credit and paying tax under normal levy opts to pay under composition levy Situation 2 - Where any registered person who has availed of input tax credit where the goods or services or both supplied by him become wholly exempt In all the above situations the registered person should have filed Form GST ITC 03, within the time prescribed.

57 Table 8: Other ITC related information

58 Nature of foregone ITC and ineligible ITC

59 GENERAL RULE of – Table 8 Part -III-Sl.No.8A: ITC as per GSTR-2A
The total credit available for inwards supplies (other than imports and inwards supplies liable to reverse charge but includes services received from SEZs) pertaining to FY and reflected in FORM GSTR-2A (table 3 & 5 only) shall be auto-populated in this table. This would be the aggregate of all the input tax credit that has been declared by the corresponding suppliers in their FORM GSTR-1.

60 Part-4 - Details of Tax paid AS DECLARED IN RETURNS FILED during the financial year (Table 9)

61 Table 9: Details of tax paid as declared in the returns filed during the Financial Year
Disclosure of the following to be sourced out from GSTR-3B filed for FY: (a) Tax payable and paid (b) Interest payable and paid (c) Late fee payable and paid (d) Penalty and other dues payable and paid

62 Table 9 – Payment of Taxes

63 Part-IV Sl. No. 9: Details of tax paid as declared in the returns filed during the Financial Year
Introduction Part IV requires the person filing an annual return to report the details of tax, interest, late fee, penalty and other amounts paid thereon for the entire reporting financial year. The purpose of Table 9 in Part IV is to get the consolidated liability self – assessed tax and discharged through monthly returns.

64 IMPORTANT NOTES Part-IV Table 9 – Payment of Taxes
The “Tax Payable” column shall show auto-populated figures as per Table 6.1 of GSTR 3B for the reporting financial year. The registered person can cross check these details with his electronic liability ledger. The “Tax Paid through Cash” column will show the auto populated figures of tax discharged through Cash as per Table 6.1 of GSTR 3B for the reporting financial year. The registered person can verify these details by cross checking with his electronic cash ledger. The “Tax Paid through ITC” column will show the auto populated figures of tax discharged through ITC as per Table 6.1 of GSTR 3B for the reporting financial year. The registered person can verify these details by cross checking with his electronic credit ledger. As verification mechanism “tax payable” from GSTR 1, and tax paid as per Table 6.1 of GSTR 3B for the reporting financial year give registered person the benefit of computing tax liability pending, if any. Any tax liability, if any, arising due to variation in figures, can be discharged by the registered person for the reporting financial year along with interest and the payment has to be passed through DRC-03.

65 Part-6 - Other Information (Table 15-19)

66 Other Info – Demands & Refunds – Table 15

67 TABLE 15: REFUNDS

68 Table 15: DEMAND OF TAXES, TAXES PAID, pending

69 Table 16 &17

70 Table 16: supplies from composition tax payers, deemed supplies (Value and taxes has to be disclosed)

71 Table 17 &18 : HSN wise summary (OUTWARD AND INWARD SUPPLIES)

72 Table 18 & 19

73 Part-6 - Other Information (Table 15-19)
Please note that late fee under the CGST Act would be in addition to the late fee under the mirror provision under the SGST Act / UTGST Act. Therefore, the late fee would be Rs Rs.100 per day subject to a maximum of 0.25%+0.25%of turnover in State. Conclusion Where late fee is determined before filing Annual Return it may be computed and included in Sr.no.19 in the Annual Return itself as ‘payable’ and ‘paid’. It also appears to allow quantification of late fee ‘payable’ even if ‘unpaid’ on the date of its filing which may be paid subsequently. It is important to note that a deficient Annual Return is not a return at all. And deficiencies include omission to annex the copy of audited financial statements along with the Auditor’s report and all enclosures thereto. Annual Return filed with deficiencies noticed later can set at sought the very fact of its filing. Hence, it is important that Annual Return that is true and correct must be filed correctly and should be complete in all respect.

74 Understanding “Verification” under GSTR 9
In terms of Rule 80(1) of the CGST Rules the relevant “verification” portion to the Annual Return in GSTR 9 reads as under : I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed there from and in case of any reduction in output tax liability the benefit thereof has been / will be passed on to the recipient of supply. Signature Place: Name of Authorized Signatory Date: Designation /Status In terms of Rule 80(1) of the CGST Rules the relevant “verification” portion to the Annual Return in GSTR 9 reads asunder:

75 PAYMENT OF ADDITIONAL LIABILITY
Towards the end of the return, taxpayers shall be given an option to pay any additional liability declared in this form, through FORM DRC-03. Taxpayers shall select ―Annual Return in the drop down provided in FORM DRC-03. It may be noted that such liability can be paid through electronic cash ledger only

76 Challenges in GSTR-9 ? 1. Table 6 - Breakup of Input Tax Credit (ITC) : • Inputs • Capital Goods • Input Services 2. Table 15 - Particulars of Demands and Refunds • All Refund claims filed (including Sanctioned, Rejected and Pending) • Demand of taxes made by the Govt. authority with bifurcation of demand paid and demand pending 3. Table 16 : Information on supplies received from composition taxpayers, deemed supply under section 143 and goods sent on approval basis • Section 143(3) and 143 (4) - Goods sent for job work not received within 1 year (input) and 3 years (capital goods) • Goods sent on approval basis but not returned (within 180 days) 4. Table 18 - HSN Code details of Inward Supplies HSN details are required to be declared only for those inward supplies which in value independently account for 10 % or more of the total value of inward supplies.

77 Consequences Of Not Filing The Annual Return?
Following could be consequences of not filing the Annual Return: Notice under section 46 could be issued to file the return within 15 days. Late fee for non filing /delay filing of Annual return shall be applicable under Section 47(2) of the Act , which would be lower of i. Rs.100 per day during which such failure continues ii. 0.25% of turnover in the state or union territory. Note: The same late fee would also be applicable for CGST. General penalty as per section 125 of the Act,could be applicable which may extend up to

78 Annual Return – Unanswered Questions
If interstate supply has been declared as intra state supply and vice versa in GSTR-1, how to rectify it? Whether it has to be rectified in the Annual Return? Where place of supply has been declared wrongly and tax has been paid wrongly, the registered person is required to pay correct Tax and file refund of the tax paid wrongly. The amendment of wrong disclosure of place of supply has to be rectified through the Table 9A (B2B) and Table 9B (B2C large) of GSTR-1 only. Once the amendment has been done in the GSTR-1,the same may be disclosed in the Annual Return in Table 4K/4L or Table 10/11 depending upon the period in which such rectification has been done. There is no possibility to amend the same directly in the Annual return without giving effect thereof in the GSTR-1.

79

80 IMPORTANT JUDGEMENT RETURN OTHERS
Tax Paid vs. Return Filed. Even If you paid the Tax. But if you have not filed the return. Then you will be required to paid 18% interest on the full tax till date of filing return. AP HC judgment on interest under GST to be paid on the total GST liability and not on the o/s GST liability after ITC if any M/s. Megha Engineering & Infrastructures Ltd., AP HIGH COURT (Writ Petition No of 2018 % Delivered on: )

81 Works Contract Vs. Composite Supplies

82 Solar power generating system –goods or services?

83 PENALTIES

84 Disclaimer: Above is for the education purposes only, and is not intended to be treated or used as legal advice or opinion THANKS CA. PRADEEP MODI

85


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