GSTR 9 :Annual Return, Format, Filing, Eligibility & Rules

GST Annual Return

GST has been implemented in India from 1st July, 2017. Under the new GST regime, over 1.3 crore business in India have been registered and issued GST registration. 

All entities having GST registration are required to file GST annual returns, as per the GST return due date schedule mentioned below.

Gstr 9 due date for fy 2017-18

GST registration holder who obtained the registration anytime before 1st April 2018 are required to file GST annual return for the financial year 2017-18 on or before 30th June 2019.  But

Gst annual return due date
Gstr 9 due date extended

 The GST council, in its 35th Council meeting has extended the due date for furnishing the returns/reconciliation statements till 31st August 2019 on account of difficulties being faced by taxpayers in furnishing the annual returns in FORM GSTR-9.

Before filing GST annual return the taxpayer must have filed all GSTR-1 or GSTR-3B or GSTR-4 return for the period of July 2017 to March 2018. In case there are overdue GST returns for the above-mentioned period, the GST registration holder will not be allowed to file GST annual return.

GST annual return filing is mandatory for all entities having GST registration, irrespective of business activity or sales or profitability during the return filing period. Hence, even a dormant business that obtained GST registration must file GST return.

What is GST Return?

A return is a statement of details relating to business activity undertaken by the taxable person during a prescribed tax period. A taxable person has a legal obligation to declare his tax liability, furnish details about the taxes paid and file correct, complete and valid return within the due date of filing the returns. GST is a self-assessed destination based taxation system. The submission and processing of return is an important link between the taxpayer and tax administration.

Who should file GSTR-9, the annual return?

All taxpayers/taxable persons registered under GST must file their GSTR 9. However, the following are NOT required to file GSTR 9:

• Taxpayers opting composition scheme (They must file GSTR-9A)
• Casual Taxable Person
• Input service distributors
• Non-resident taxable persons
• Persons paying TDS under section 51 of CGST Act.

Different types of GSTR-9

Form	Applicability
GSTR 9	It is an Annual return for registered persons under the regular scheme
GSTR 9A	Annual return applicable for registered persons under Composition Scheme
GSTR 9B	Annual Return for the e-commerce operators who have filed GSTR 8 during the FY.
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.

Details or Format of GSTR 9

PART	Details required
Part-I	Details of the taxpayer are required. This detail will be auto-populated.
Part-II	Outward and Inward supplies details declared during the FY. This detail must be picked up by consolidating summary from all GST returns filed in previous Financial Year.
Part-III	Details of the ITC declared in returns filed during the FY. The summarised values will be picked up from all the returns of GST filed in the previous FY.
Part-IV	Information of tax paid as declared in the returns filed during the FY.
Part-V	Particulars of the transactions for the previous FY declared in returns of Apr to Sept of current FY or up to the date of filing of GSTR-9 of previous FY whichever is earlier. So, the summary of amendment or omission entries belonging to previous Financial Year but reported in Current Financial Year would be segregated and declared in this part.
Part-VI	Other Information: Demands and refunds of GST, HSN wise summary information of the no of goods supplied and received with its corresponding Tax details against each HSN code Late fees to be paid and paid details Segregation of inward supplies received from different types of taxpayers like Composition dealers, deemed supply and goods supplied on approval.

Frequently Asked Questions on GSTR-9

1. Which Form to be filed PAN or GSTN wise?

GSTN wise i.e., separately for each GSTN.

2. What if your GSTN is Cancelled?

Even if your GSTN is cancelled, say during FY 2017-18, taxpayers are required to file GSTR-9.

3. Who cannot file GSTR-9?

Below is the list of who cannot file GSTR-9:

• Composition Dealers
• Input Service Distributors
• Tax Deductor
• Tax Collector
• Casual taxable person
• Non-resident taxable person

4. Which form Composition Dealer has to file?

Composition dealer has to file GSTR-9A.

5. What if opted out or in Composition Dealer during the year?

If you have opted out or in Composition Dealer during the year, the taxpayer needs to file GSTR-9 and GSTR- 9A for the relevant periods.

6. Is it mandatory to file NIL Return?

Yes, it is mandatory to file NIL Return.

7. What is a NIL return?

Nil return can be filed for the Financial year if you have not: –

• made any outward supply (commonly known as a sale)
• Received any goods / services (also commonly known as a purchase)
• Have no other liability to report
• Claimed any creditor any refund
• Received any order creating demand

8. Which form to file if you have the turnover above Rs. 2 crores?

You need to file GSTR-9C after filing GSTR-9.

9. Can GSTR-9 be filed if the taxpayer has not filed GSTR-1 and GSTR-3B?

GSTR-9 cannot be filed unless GSTR-3B and GSTR-1 are filed.

10. Can GSTR-9 be revised?

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

11. Implication of incorrect information in GSTR 9 filed?

Incorrect information can attract tax demands, interest and penalties on the same and the long-term litigations that follow years later.

12. Can additional liability be paid?

Liability identified during the filing of annual return can be deposited with Government using DRC-03 Form (i.e., Liability not earlier paid through GSTR-3B)

13. Will the additional liability be auto-calculated in the Form?

No, Tax Liability needs to be self-calculated and also self-deposited (Except Late filing fees of GSTR-9)

14. Can additional ITC be claimed?

ITC which is not claimed in GSTR-3B cannot be claimed in GSTR-9. Also, the same needs to be claimed in GSTR-3B upto the extended timeline for claiming input credit.

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