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Type of Annual Returns and Penalty for Not filing

GSTR 9 is the Annual Return for the Year under GST.
For the Financial Year 2017-18 GSTR 9 last date is 30th June 2019. There are 4 Type of Returns Which are explained below.

Types of forms
Following are the different annual return forms: -

  1. GSTR-9: This form is to be filed by regular taxpayers registered under GST. It consists of details regarding advances, supplies made and received during the financial year under different tax heads i.e. CGST, SGST and IGST as well as details of outward supplies made during the financial year on which tax is not payable. Further, it also contains the details of ITC availed and reversed, taxes payable and paid, transactions reported in next financial year, particulars of demands and refunds, HSN wise details of outward and inward supplies etc. It consolidates the information furnished in the monthly or quarterly returns during the year.
  2. GSTR-9A: This form is to be filed by taxpayers registered under GST’s composition scheme. It is a summary of all quarterly returns previously filed by the composition taxpayer. (Proviso to Sub Rule (1) of Rule 80)
  3. GSTR-9B: This form is to be filed by e-commerce operators who have filed GSTR-8 during the previous financial year. It is basically an annual statement. (Sub-Rule 2 of Rule 80 - Form Not yet notified)
  4. GSTR-9C: Reconciliation form to be certified by CA/CMA for registered persons with a turnover of more than two crores. All such taxpayers are also required to get their accounts audited and file a copy of audited annual accounts and reconciliation statement of tax already paid and tax payable as per audited accounts along with GSTR 9C.

Here, ISD: Input Service Distributor, CTP= Casual Taxable Person, NRTP= Non-Resident Taxable Person, LA= Local Authority Excluded to file Annual Return.

Consequences of failure to submit the annual return

  1. Notice to defaulters : Section 46 of the CGST Act provides where a registered person fails to furnish a return under section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within fifteen days in such form and manner as may be prescribed.
  2. Late Fee for delayed filing :  Section 47(2) of the CGST Act provides for levy of a late fee of Rs. 100/- per day for delay in furnishing annual return in Form GSTR 9, subject to a maximum amount of quarter percent (0.25%) of the turnover in the State or Union Territory. Similar provisions for levy of late fee exist under the State / Union Territory GST Act, 2017.

    On a combined reading of Section 47(2) and Section 44 (1) of the CGST Act, 2017 and State / Union Territory GST Act, 2017 a late fee of Rs.200/- per day (Rs. 100 under CGST law + Rs. 100/- under State / Union Territory GST law) could be levied which would be capped to a maximum amount of half percent (0.25% under the CGST Law + 0.25% under the SGST / UTGST Law) of turnover in the State or Union Territory.
  3. General Penalty for Contravention of Provisions : As per section 125, any person, who contravenes any of the provisions of this Act or any rules made there under for which no penalty is separately provided for in this Act, shall be liable to a penalty which may extend to twenty-five thousand rupees. An equal amount of penalty under the SGST/UTGST/IGST Act would also be applicable. To sum up a penalty of up to Rs.75,000/- could be levied.
It is important to note that to impose penalty under section 125 upto Rs. 25,000, the ingredients such as willful default, etc., must be established and by a process of adjudication allowing reasonable opportunity to the taxable person and not imposed as a matter of routine.
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