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GSTR-9 and GSTR-9C under GST 

In this article, you would understand 

1. What is GSTR-9?

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

3. Is there any turnover limit for filing GSTR-9?

4. What is GSTR-9C?

5. What is aggregate turnover in GST?

6. Period for which annual return is required to be filed?

7. What is the due date for filing of GSTR-9?

8. What is the late filing fee for GSTR-9?

9. Can GSTR-9 be revised? 

10. Who can become GST Auditor?


What is GSTR-9?

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 (in simple terms) 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.

 

Who is not required to file GSTR-9?

However, the following persons are not required to file GSTR-9.

  1. Input service Distributor
  2. Person paying tax under section 51 or section 52
  3. Casual taxpayer
  4. Nonresident Taxable Person / UIN Holders
  5. Composite taxpayer

 

Is there any turnover limit for filing GSTR-9?

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. Now it is upto taxpayer whether he wants to file GSTR-9 for these years or not. Please note that this option is only for FY 2017-18 & FY 2018-19 as of now. However seeing the previous trend of GST system, it may be extended by government for further years also.

 

What is GSTR-9C?

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. It is to be noted that this enhancement of limit is only for FY 2018-19 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.

 

What is aggregate turnover in GST?

The aggregate turnover is very important in GST. As per section 2(6) of the CGST Act,

aggregate turnover includes

  • All taxable supplies (including those outward supply on which gst is payable under RCM by the receipient)
  • Exempt supplies
  • Exports
  • Inter-state supplies

but excludes

  • 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.

There are several myths over aggregate turnover that it does not include exempt supplies or export supplies. But that’s not true.

For example if a taxpayer has taxable turnover of 1 lakh only but he is having export / exempt  turnover of 2.5 crores. Then his aggregate turnover shall be considered as Rs. 2.51 crores and he shall be liable to do all the compliances accordingly.

 

Period for which annual return is required to be filed?

Annual Return needs to be filed for every financial year starting from 1st of April and ending 31st of March.

 

What is the due date for filing of GSTR-9?

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 CBIC vide Notification No. 41/2020 dated 05.05.2020 has extended the due date of FORM GSTR-9 & GSTR-9C for FY 2018-19 till 30th September, 2020.

 

What is the late filing fee for GSTR-9?

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.

Act

Late Fee

CGST Act

100 Rs per day

SGST ACT / UT Act

100 Rs per Day

IGST Act

NIL

 

Can GSTR-9 be revised? 

No, GSTR-9 cannot be revised. Once it is submitted and filed, it become final. No change can be made thereafter.

 

Who can become GST Auditor?

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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Published by

TaxReply

on Aug 18, 2020

Comments


Good Info
By: Advt Dhana Ram Solanki (jaisalmeriya) | Dt: Aug 18, 2020
Replied to ADVT Dhana Ram Solanki (Jaisalmeriya)
fab info Advocate sahab
By: Sambhaji Rao Patil | Dt: Aug 18, 2020
Dear Sir,

We have not filed GSTR9 and 9C for 2017-18, is it possible to file them now and also let us know how much amount of penalty we should pay, whether is it auto generated at the time of filing or we have to compute and pay the penal amount before filing GSTR9 & 9C.
By: S Boopathi | Dt: Aug 18, 2020
Article is good, but might have spoken about 9C for the fy 2017-18 also
By: M. L. Girish | Dt: Aug 21, 2020


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