What is the GSTR-9 annual return?

GSTR 9 is an annual return to be filed yearly by taxpayers registered under GST.

It consists of details regarding the outward and inward supplies made/received during the relevant financial year under different tax heads i.e. CGST, SGST & IGST and HSN codes.

It is a consolidation of all the monthly/quarterly returns (GSTR-1, GSTR-2A, GSTR-3B) filed in that year. Though complex, this return helps in extensive reconciliation of data for 100% transparent disclosures.

However, there are some exemptions to it. Following groups of taxpayers are exempted from filing their GSTR-9 return:

· Casual Taxable Person

· Non-resident Taxable person

· Person deducting tax at source (Tax Deduction at Source - TDS)

· An E-com aggregator or website collecting tax at source (Tax Collection at Source - TCS)

Section 2(6): Meaning of Aggregate Turnover :

Aggregate Turnover means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes central tax, State tax, Union territory tax, integrated tax and cess.

Due Date, late fee and penalty

The due date to file GSTR-9 for a financial year is 31st of December of the year following the relevant financial year.

GST amenesty scheme for GSTR-9-The CBIC notified vide 07/2023 dated 31st March 2023, a waiver of late fees in excess of Rs.20,000 (i.e., 10,000 each under CGST and SGST Act) for delayed filing of GSTR-9 for years 2017-18 up to 2021-22 if filed between 1st April 2023 to 30th June 2023.

Any delay in the filing of annual returns in form GSTR-9 FY 2022-23 onwards attracts concessional late fee for the following categories of registered taxpayers-

Turnover up to Rs.5 crore filing GSTR-9 after due date attracts a late fee of Rs. 50 per day (i.e., 25 under each CGST and SGST Act) subject to max cap 0.04% of turnover in state/UT (i.e., 0.02% each under CGST and SGST Act).

Turnover over Rs.5 crore to 20 crore filing GSTR-9 after due date attracts late fee of Rs 100 (i.e., 50 under each CGST and SGST Act) per day subject to max cap 0.04% of turnover in state/UT (i.e., 0.02% each under CGST and SGST Act).

It means for taxpayers with turnover over Rs.20 crore, the late fee continues to be Rs.200 per day (100 each under CGST and SGST Act) subject to max cap 0.50% of turnover in state/UT (0.25% each under CGST and SGST Act).

For financial years up to 2021-22, the late fees for not filing the GSTR 9 within the due date was Rs 100 per day, per act. That means late fees of Rs 100 under CGST and Rs 100 under SGST were applicable in case of delay. Accordingly, the total liability was Rs 200 per day of default. This is subject to a maximum of 0.25% of the taxpayer’s turnover in the relevant state or union territory per Act. However, there is no late fee on IGST yet.

What are the details required to be filled in the GSTR-9?

GSTR-9 is divided into 6 parts and 19 sections. Each part asks for details that are easily available from your previously filed returns and books of accounts.

Broadly, this form asks for disclosure of annual sales, bifurcating it between the cases that are subject to tax and not subject to tax.

On the purchase side, the annual value of inward supplies and ITC availed thereon is to be revealed.

Furthermore, these purchases have to be classified as inputs, input services, and capital goods. Details of ITC that needs to be reversed due to ineligibility are to be entered.

What is the Applicability of GSTR 9C?

It is mandatory for registered taxpayers with a total turnover exceeding ₹5 Cr for the relevant financial year to file the GSTR 9C reconciliation statement. GSTR 9C must be prepared and self-certified by the taxpayer on the GST portal. This return is applicable to taxpayers who shall get their annual accounts audited under the GST laws.

What is the Due Date for filing GSTR 9C?

The due date for filing the annual return GSTR 9 and 9C are the same. GSTR 9C must be filed by the registered taxpayer on or before 31st December of the year following the relevant financial year unless extended otherwise by CBIC.

Comparison of GSTR 9 and GSTR 9C

	GSTR 9 Annual Return	GSTR 9C Reconciliation Statement
General Details	Annual return, consolidation of monthly/quarterly GST returns.	The audit report, reconciliation statement of annual return GSTR 9.
Applicability	GST-registered taxpayers with a total turnover exceeding ₹2 Cr.	GST-registered taxpayers with a total turnover exceeding ₹5 Cr.
Exemptions	Taxpayers opting for the composition scheme, casual taxable persons, input service distributors, non-resident taxable persons, and persons paying TDS under Section 51 of the CGST Act.	Foreign companies which are in the airline business, covered under the relevant provisions and rules of the Companies Act, 2013, and persons who are non-residents and are providing OIDAR service in India to unregistered persons.
Due Date	31st December of next FY.	31st December of next FY.

Sales	GSTR 9	GSTR 9C
Up to 2 Cr	Optional	N/A
More than 2Cr. – 5 Cr	Filling is mandatory	Optional (Benefit Given)
More than 5Cr	Filling is mandatory	Filling is mandatory

Due Date for Filing GST Annual GSTR 9 Return Form

The due date of the GSTR 9 annual return form for the financial year 2022-23

Financial Year 2022-23 – 31st December 2023
Financial Year 2021-22 – 31st December 2022
Financial Year 2020-21(Revised) – 28th February 2022
Financial Year 2019-20 – Revised due date is 31st March 2021.

Note: “Central Board of Indirect Taxes & Customs (CBIC) notified the amendments regarding the simplification of GSTR-9 (Annual Return) and GSTR-9C (Reconciliation Statement) which inter-alia allow the taxpayers to not to provide a split of input tax credit availed on inputs, input services, and capital goods and to not to provide HSN level information of outputs or inputs, etc. for the financial year 2017-18 and 2018-19.”

Not filing:

In the event of non-filing, the authorities may issue a notice under section 46 requiring the immediate filing (within 15 days) of GSTR 9.

A general penalty of up to Rs 25,000/- can be imposed under Section 125 of the CGST Act 2017.

FAQs on GSTR-9

Can I revise GSTR-9 which has been filed?

No. Currently, GSTR-9 does not allow for any revision after filing.

I got my registration cancelled in the financial year say FY 2017-18. Can I file GSTR-9?

Yes, the annual return needs to be filed even if the taxpayer has got his registration canceled during the mentioned financial year.

Should one file form GSTR-9 return at the entity level or GSTIN level?

Form GSTR-9 return is required to be filed at the GSTIN level i.e. for each registration. If a taxpayer has obtained multiple GST registrations, under the same PAN, whether in the same state or different states, he/she is required to file annual return for each registration separately, where the GSTIN was registered as a normal taxpayer for some time during the financial year or for the whole of the financial year.

Should I match my input GST with 2A before filing GSTR 9?

Yes, you must reconcile GSTR-2A for FY 2017-18 data with the input tax credit accounted in your books of accounts till March 2019 for FY 2017-18 data before filing GSTR-9.

Do we have to file GSTR 9 return after receiving the cancellation order even the final return is pending?

As per the 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 the taxpayer is not registered as on 31st of March 2018 but he was registered between July-17 to March-18, he will 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 of March 2018, he shall be required to file GSTR-9.

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Money lending business having given to borrowers more than 35 lakhs and rotated the amount and turnover is more than 50 lakhs excluding interest. Whether liable to register under GST Act. Rotation of money is a turnover under Gst act.

Reply— As per Section 22 of CGST Act, every supplier shall be liable to be registered under this Act in the State or Union territory, other than special category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds twenty lakh rupees.

Under section 2(6) “Aggregate turnover” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes central tax, State tax, Union territory tax, integrated tax and cess.

As per Notification no. 12/ 2017 (central tax rate) dated 28.06.2017, services by way of extending deposits, loan or advances in so far as the consideration is represented by way of Interest or discount is exempt under GST. Since it is an exempt supply, it will take part in calculation of aggregate turnover. Interest received on giving personal loan is to be considered for the purpose of calculating the threshold limit of Rs.20 Lakh for Registration under GST. (Refer advance ruling pronounced by AAR Gujarat in matter of Sawai Manoharlal Rathi dated 19.05.2020)

As per section 23 of CGST Act, any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act shall not be liable to registration.

Therefore if your client is engaged exclusively in providing exempted service, registration is not required. Otherwise registration is to be taken in terms of section 22 of CGST Act.

Also note that as per Order no. 01/2017 (removal of difficulties) dated 13.10.2017, it is clarified that in computing aggregate turnover in order to determine eligibility for composition scheme taxpayer, value of supply of any exempt services including services by way of extending deposits, loans or advances in so far as the consideration is represented by way of Interest or discount, shall not be taken into account.

https://gstcouncil.gov.in/sites/default/files/All-rate-notification/Notification12-CGST.pdf

“Exempt supply” is defined under Section 2(47) of the CGST Act, 2017 (hereinafter referred as “The Act”) as reproduced below- “Exempt Supply” means supply of any goods or services or both which attracts nil rated of tax or which may be wholly exempt under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes Non- Taxable supply

AAR ruling:

https://gstcouncil.gov.in/sites/default/files/AAR-Dynamic/GUJ_AAR_10_2020_19.04.2020_SSMR.pdf

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(The views expressed in this article are strictly personal.)

By GST Info Tamil

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