Key Points:
- Returns are mandatory for registered persons under GST.
- Filing is electronic through the GST act 2017 GST Common Portal.
- Return forms and due dates vary depending on taxpayer category.
Section 39 Overview:
- Stipulates that every registered person must furnish returns for every tax period (usually a month or quarter).
- Outlines different forms and due dates GST act 2017 for different taxpayer categories.
Types of Returns and Due Dates (as of January 20, 2024):
- Regular Taxpayers (other than ISDs and NR taxpayers):
- Form GSTR-3B: Monthly return, due by the 20th of the following month.
- Input Service Distributors (ISDs):
- Form GSTR-6: Monthly return, due by the 13th of the following month.
- Non-Resident Taxpayers (NR taxpayers):
- Form GSTR-5: Monthly return, due by the 13th of the following month or within 7 days of the last day of the registration period (whichever is earlier).
Other Relevant Forms:
- GSTR-1: Details of outward supplies (monthly).
- GSTR-2: Details of inward supplies (monthly, currently suspended).
- GSTR-3: Consolidated monthly return (currently suspended).
- GSTR-4: Quarterly return for composition taxpayers.
- GSTR-7: Return for TDS (Tax Deducted at Source).
- GSTR-8: Return for TCS (Tax Collected at Source).
EXAMPLE
- Applicable Forms:
- GSTR-3B: This is GST act 2017 the monthly summary return that every registered taxpayer must file, declaring details of outward supplies, inward supplies, input tax credit (ITC) claimed, and tax payable.
- GSTR-1: This is the detailed return of GST act 2017 outward supplies, filed monthly or quarterly depending on the taxpayer’s turnover.
- GSTR-2: This is the detailed return of inward supplies, but its filing is currently suspended.
- Annual Return (GSTR-9): This is a GST act 2017 comprehensive annual return filed once a year, providing details of all supplies, purchases, ITC, and tax payments for the financial year.
- Manner of Furnishing Returns:
- Due Dates:
- GSTR-3B: 20th of the subsequent month GST act 2017 (subject to extensions for specific states or circumstances, as in the case of November 2023 in Tamil Nadu)
- GSTR-1: 11th of the subsequent month (for monthly filers) or 13th of the subsequent month (for quarterly filers)
- GSTR-9: 31st December of the subsequent financial year
- Specific Requirements for Tamil Nadu:
- Extension for November 2023 GSTR-3B: The GST act 2017 due date for filing GSTR-3B for November 2023 has been extended to 10th January 2024 for certain districts in Tamil Nadu (Tirunelveli, Tenkasi, Kanyakumari, Thoothukudi, and Virudhunagar).
- E-Sugam Facility: The Tamil Nadu government provides an e-Sugam facility for online filing of GST returns and other related services.
- Accessing Forms and Visual Aids:
- GST Portal: Visit the GST portal to access all GST forms, instructions, and user guides.
- Tamil Nadu GST Website: The GST act 2017 Tamil Nadu GST website (<invalid URL removed> also provides state-specific information and resources.
- YouTube Tutorials: Many helpful YouTube videos demonstrate the process of filing GST returns, often with visual aids.
FAQ QUESTIONS
- What are the different GST returns that need to be filed under Section 39 GST act 2017?
- GSTR-1: Monthly return for outward supplies of goods or services
- GSTR-2: Monthly return for inward supplies of goods or services (currently suspended)
- GSTR-3: Monthly return for regular taxpayers (currently suspended)
- GSTR-3B: Monthly summary return for all taxpayers
- GSTR-4: Quarterly return for composition taxpayers
- GSTR-5: Return for non-resident taxable persons
- GSTR-6: Return for input service distributors
- GSTR-7: Return for authorities deducting tax at source
- GSTR-8: Return for e-commerce operators
- GSTR-9: Annual return
- GSTR-9C: Reconciliation statement (for taxpayers with turnover above ₹5 crore)
- GSTR-10: Final return for cancellation of registration
- What is the due date for filing GST returns?
- GSTR-1: 11th of the following month
- GSTR-3B: 20th of the following month
- GSTR-4: 18th of the month following the quarter
- GSTR-9: 31st December of the following financial year
- GSTR-9C: 31st December of the following financial year
- Other returns: As specified in the relevant notification
- How can I file GST returns?
- Online filing through the GST act 2017 GST portal (www.GST.gov.in)
- Using a GST Suvidha Provider (GSP)
- Can I file GST returns offline?
- No, GST returns can only be filed online.
- What are the consequences of late filing or non-filing of GST returns?
- Late fees and penalties
- Interest on delayed tax payment
- Blocked input tax credit
- Cancellation of GST registration in severe cases
- Can I revise a GST return that has already been filed?
- Yes, you can revise a GST return within the prescribed time limit.
- What is the process for rectification of errors in a GST return?
- Errors can be rectified through the amendment facility in the GST portal.
- For significant errors, you may need to file a revised return.
- What is the process for claiming input tax credit (ITC) in GST returns?
- ITC can be claimed in GSTR-2 and GSTR-3B returns.
- It is essential to match the ITC claimed with the supplier’s GSTR-1.
- What is the process for GST refund?
- GST refund can be claimed through the GST portal.
- The refund process involves filing a refund application and providing supporting documents.
- Where can I find more information about GST returns?
- GST website (www.GST.gov.in)
- GST Helpdesk (0120-4880999)
- Chartered accountant or GST Suvidha Provider
CASE LAWS
- VKC Footsteps India Pvt. Ltd. vs. Union of India and Ors. (2019) (Karnataka High Court):
- Issue: Whether a taxpayer could be compelled to file a GSTR-1 return for a period during which they had no business activity.
- Holding: The court held that the GST act 2017mandatory requirement to file a GSTR-1 return applied even in cases of nil business activity.
- M/s. Smart Card Solutions vs. Union of India and Ors. (2020) (Delhi High Court):
- Issue: Validity of Rule 61(5) of the CGST Rules 2017, which prevented taxpayers from filing GSTR-1 returns for past periods without first paying late fees and interest.
- Holding: The court struck down Rule 61(5) GST act 2017 as ultra vires, allowing taxpayers to file GSTR-1 returns for past periods without preconditions.
- Union of India vs. VKC Footsteps India Pvt. Ltd. (2020) (Supreme Court):
- Issue: Whether the mandatory requirement to file a GSTR-1 return, even for nil business activity, was valid.
- Holding: The Supreme Court GST act 2017 upheld the Karnataka High Court’s decision in VKC Footsteps India Pvt. Ltd. v. Union of India, affirming the mandatory requirement to file GSTR-1 returns.
- M/s. Swati Menthol & Allied Chem vs. Union of India (2022) (Gujarat High Court):
- Issue: Whether the time limit for GST act 2017 filing a GSTR-1 return could be extended beyond the prescribed due date under Section 39(1).
- Holding: The court held that the GST act 2017 time limit for filing GSTR-1 returns was mandatory and could not be extended beyond the due date.
- M/s. Super Polyfabs Pvt. Ltd. vs. Union of India (2023) (Madras High Court):
- Issue: Whether a taxpayer could be denied input tax credit for a particular month due to a delay in filing the GSTR-1 return for that month.
- Holding: The court held that the denial of input tax credit solely on the basis of a delayed GSTR-1 filing was not justified.
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