WHAT IS GSTR 9? Type, Applicability, Late Fees & Requirements

GSTR 9 is an annual return required to be filed on or before 31st December following the end of such financial year. GSTR 9 is basically a compilation of GSTR 1, GSTR 3B, GSTR 2A and purchase data for the respective financial year.

Note: For FY 2017-18, due date for filing GSTR 9 has been extended up to 30th June 2019.

Legal Provision:

As per section 44 (1), every registered person may furnish an annual return electronically.
However, the following persons are not required to file an annual return:

  • - Input Service Distributor (ISD)
    - A casual taxable person
    - A non-resident taxable person
    - person paying tax under section  51 (TDS)  or section 52 (TCS)

Types of Annual Return:

Type

Details

GSTR 9

  • Every registered person other than those required to file GSTR 9A or GSTR 9B
  • GSTR 9A

  • Every person registered under composition scheme
  • GSTR 9B

  • Every e-commerce operator required to collect tax at source under section 52. GSTR 9B is not required to be filed for FY 17-18 as the provisions for the same are applicable from 1st October 2018.
  • Applicability of various annual returns:
  • Nil return: Where a person is registered under GST but has no transactions during the year is required to file Nil annual return.
  • Where a person has cancelled his registration during the financial year, is required to file annual return for the period for which he was registered under GST.
  • Where a person has opted in and out of composition scheme during the same financial is required to file both GSTR 9 and GSTR 9A for respective periods as applicable.
  • Source of information for GSTR 9:

    • - GSTR 9 is basically a compilation of GSTR 1 and GSTR 3B.
      - Outward supplies and tax payable are derived from GSTR 1 whereas input tax credit and tax paid information is derived from GSTR 3B.
      - Purchases data is also updated from GSTR 2A.
      - Any additional liability identified upon filing of annual return may be paid before filing of annual return through Form DRC 03.

    Thus, we understand that data as per GSTR 1 and GSTR 3B may cross verify. Also, purchases data (input tax credit availed) as per GSTR 3B, as per GSTR 2A and as per books of accounts should cross verify.

    In case of any discrepancies, the same may be adjusted before filing GSTR 1 and GSTR 3B for March 2019.

    Important Points:

    • - It is mandatory to file GSTR 1 and GSTR 3B before filing GSTR 9
      - Any additional liability not declared in GSTR 1 and GSTR 3B may be declared here.
      - Any input tax credit unclaimed during FY 2017-18 cannot be claimed through GSTR 9. Thus, any input tax credit not claimed for FY 2018-19 before filing March 2019 GSTR 3B may lapse.
      - HSN summary for input supplies only for major inward supplies i.e. such supplies should account for at least 10% of total inward supplies.
    • Key Requirements for GSTR 9:
    • - Details with respect to taxable value, description of supply, tax, HSN code, ITC  with respect to inward supplies
      - Details of non-GST transaction Details
      - Details on on-going adjudication, litigation, refund claims
  • Late fees for delayed filing of GSTR 9:

  • Late fee @ INR 100 per day under CGST Act and @ INR 100 per day under SGST Act i.e. INR 200 per day may be applicable for belated filing subject to 0.50% turnover in a state.

    Simplify GSTR 9 filing and various reconciliations like GSTR 1 and GSTR 3B, GSTR 2A reconciliation by using GST HERO. One click process.

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