chapter 3

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Return under GST

1.1. What is the GST return ?


1.2. Who should file a GST return ?
1.3. Why is filing of GST return important ?
1.4. What are some of the steps involved in filing GST
returns ?
1.5. Are there any consequences of not filing GST
returns ?
1.6. GSTR 1
1.7. GSTR 2 AND GSTR 2A
1.8. GSTR 3B
1.9. GSTR 5 AND GSTR 5B

3.1 What is the GST return ?

It is a very common practice in business for customers to return back the goods once
sold by the sellers. This article will discuss the tax implications of goods returned
especially in light of e-commerce sales keeping in mind that one of the most
attractive features of the e-commerce market is the easy return & exchange policy.

A GST return is a form that a taxpayer registered under the Goods and Services Tax
(GST) law must file for every GSTIN registered. Also, the status of the GSTIN
should be active if the taxpayer regularly files the returns. You can verify the same
using our GST search tool.
3.2 Who should file a GST return ?

Form Who is Particulars

Required to

file?

GSTR-1 Registered Monthly statement of Outward Supplies of goods or services or both

Person

GSTR-3B Registered Monthly summary return to declare the GST liability for the tax period and to pay off such liability

Person

GSTR-4 Taxpayer A yearly return is for the taxpayers who opted for paying tax under the composition scheme

GSTR-5 Non Resident Return for Non- Resident Taxpayer who are not availing Input Tax Credit (ITC) on local purchases

Taxable Person

(NRTP)

GSTR-5A Taxpayer Monthly return for Online Information and Database Access or Retrieval (OIDAR) services provider, providing services from

providing place outside India to unregistered person or customers in India

OIDAR services

GSTR-6 Input Service Monthly return for the Input Service Distributor for distribution of its credit among the different unit

Distributor

GSTR-7 TDS Deductor Monthly return for the person who deducts tax at the time of making payment to suppliers u/s 51 of CGST Act 2017

GSTR-8 E Commerce Monthly return containing the details of taxable supplies and the amount collected by the E-Commerce Operator related to the
Operator supplies and amount of TCS collected

GSTR-9 Registered Annual return containing information such as purchases, sales, input tax credit or refund claimed, etc. by the regular taxpayer

Taxpayer

GSTR-9A Taxpayer who Annual return for taxpayer opted for composition scheme

opted for

Composition

Scheme

3.3 Why is filing of GST return important ?

The filing of GST Returns has manifold importance,such as

For Return Filer :-

● Necessary to adhere the legal compliances

● Helps in calculating the correct tax liability of self and others

● A tool for claiming ITC

For Government :-

● Source for collecting Financial Statistics of Organisations

● Scrutinize the relevant cases effectively and efficiently

● A basis for future policy making

● Helps in making the future compliance procedures

● Evasions can be better tracked

● Effective mode of procuring information from the taxpayers


3.4 What are some of the steps involved in
filing GST returns ?

GST Returns can be filed online using any of the below mentioned
methods:

Online:-

The Return can be filed online either through


Government Portal or
Third Party Softwares

Offline:-

The GST Return can also be prepared offline through


Utilities available on Government Portal and
GSPs : GST Suvidha Providers

3.5 Are there any consequences of not filing GST


returns ?

Yes, non filing or delayed filing of GST Returns can attract you
1. Late Fee and
2. Penalty
3. Late Fee
● Any registered person who is liable to file Goods and
Services Tax return under section 37,38,39 or section 45.
Fails to do so by the due date, shall attract a late fees of
Rs 100 per day, aggregating maximum upto Rs 5000
[Section 47(1)] of the CGST Act.
● Also, any person liable to furnish return under Section 44
i.e. annual return, if fails to furnish the same by due date
then, late fee of Rs 100 per day aggregating maximum
upto 0.25% of quarterly turnover in State or Union
Territory. The same is governed by provisions mentioned
under section 47(2) of the CGST Act.

● No late fees shall be attracted under IGST Act.


Interest In case tax payment is outstanding interest is 18% per
annum shall be calculated on the Net tax liability from the next
day of filing due date till the actual date of payment.

● As per the GST laws, late fee is an amount charged for delay in
filing the GST returns. The department prescribed late fees
charged for each day of delay from prescribed due dates*.

● The late fee is also applicable for the delay in filing nil returns.
For example, one has to pay a late fee even though there are no
sales or purchases and no GST liability to declare in the GSTR-
3B.

● The late fee will depend upon the number of days of delay from
the due date.

● For example, GSTR-3B is filed on 23rd January 2024, 3 days


after the prescribed due date i.e 20th January 2024. The late
fees will be calculated for three days and it should be deposited
in cash.
3.6 GSTR-1

GSTR 1 contains the details of outward supplies made during the period
of tax. This form is required to be submitted electronically on GST
Portal with the following set of information:

● Details of invoices of supplies made to the registered persons


including those having UIN;
● Details of Inter-State supplies of invoice having a value
higher than Rs. 2,50,000 to unregistered persons or end user;
● Details of Credit/Debit Notes against invoices issued by the
supplier;
● Details related to the export of goods or services or both
including deemed exports (SEZ);
● Summary of state-level details of supplies to unregistered
persons, i.e., consumers;
● Summary of Advances received in relation to the supply of
goods on a future date;
● Nil- rated, exempted, and non-GST supplies; and
● HSN/SAC wise summary of outward supplies.

Is it mandatory to file GSTR 1?

GSTR 1 return is mandatory to be filed even if there is no business


activity in the tax period.
Who is required to file GSTR 1?
GSTR 1 return is required to be furnished by:
● Every registered taxable person, including all regular and
casual registered taxpayers, and
● Other than input service provider/ composition taxpayer/
person collecting or deducting tax at source.
What is the Due date of filing GSTR 1?

GSTR 1 could be filed monthly or quarterly depending upon the


taxpayer’s turnover.

Turnover Limit (in a FY) GSTR 1 Periodicity

Up to Rs. 1.5 crores Quarterly

Exceeding Rs 1.5 crores Monthly

Note: Taxpayers with a turnover of up to Rs.5 crore can opt to furnish their
Business to Business (B2B) sales for the first two months of the quarter
using an Invoice Furnishing Facility (IFF). The deadline will be the 13th of
the following month. However, GSTR-1 will still need to be filed quarterly,
but the invoices already declared in the IFF need not be declared again.

3.7 GSTR-2 AND GSTR 2A

Until August 2017, every registered taxable person under GST was required
to give details of inward supplies, i.e., purchases and Input Tax Credit
(ITC) for every tax period in the form GSTR-2.
GSTR-2 contains details of all the purchases transactions of a registered
dealer for a month. It also includes purchases on which reverse charge
applies. The GSTR-2 filed by a registered dealer would have been used by
the government to check with the sellers’ GSTR-1 for buyer-seller
reconciliation.
However, since it is currently not in use from September 2017 tax period
onwards, it has lost its significance. Instead, the taxpayers must report their
eligible ITC in the form GSTR-3B while checking with their GSTR-2B and
GSTR-2A.
➢ What are the details required to be furnished under GSTR 2?
It contains details of all purchases made by the registered dealer in
the tax period.

➢ Is it mandatory to file GSTR 2?


GSTR-2 is a mandatory return form used to give the details of
inward supply or purchases. But,this GSTR form has been
temporarily suspended.

➢ Who is required to file GSTR 2?


Registered dealer under GST is required to furnish GSTR 2.

➢ What is the Due date of filing GSTR 2?


Due date of filing GSTR-2 is 15th of next month of the tax period.

➢ What is GSTR 2A?


It is a read-only auto-generated statement of inward supplies formed
using the details of GSTR-1/5, Form GSTR-6 (ISD), Form GSTR-7
(TDS), Form GSTR-8 (TCS).

➢ Is it mandatory to file GSTR 2A?


This return is not required to be filed with CBIC; it is only to enable
the recording of invoices received from the different supplier.

➢ Who is required to file GSTR 2A?


GSTR 2A is an auto populated return and no filing is required.

3.8 GSTR-3B

GSTR-3B is a monthly summary return to be filed by all taxpayers except


those registered under the composition scheme.
Quarterly filing of GSTR-3B:
(Annual turnover up to Rs.5 crore can opt for quarterly filing)

Quarter Due date*

Apr-Jun 2024 22nd or 24th July 2024***

Jul-Sept 2024 22nd or 24th Oct 2024***

Monthly filing of GSTR-3B:


(Annual turnover of more than Rs.5 crore must file monthly only)

1. What is GSTR 3B?


Form GSTR-3B is a monthly summary return to declare the GST
liability for the tax period and to pay off such liability. Regular
taxpayers need to file these return for every tax period.

2. What are the details required to be furnished under GSTR 3B?


GSTR 3B contains the details relating to

● Outward Supply (Sales)


● Inward Supply (Purchases)liable to reverse charge
● ITC eligible
● Tax details
● TDS / TCS credits available
● Inter-state Supply made

3. Is it mandatory to file GSTR 3B?


Yes, filing of GSTR 3B is mandatory even in case whenever there
are no transactions nil return is required to be furnished.

4. Who is required to file GSTR 3B?


Registered regular taxpayers are required to file GSTR 3B
periodically.
5. What is the Due date of filing GSTR 3B?
Due Date of filing Form GSTR-3B is the 20th of the following
month for which the return is to be submitted.

6. Is it possible to file NIL GSTR 3B?


It can be filed as nil return even when there are no transactions and
tax liability for that particular tax period. GSTR-3B is to be filed
electronically using the GST portal.

3.9 GSTR-5 AND GSTR-5A

Non-Resident Taxable Persons (NRTPs) should obtain registration to do


business in India. They can get registration from the GST portal for a
temporary period of 90 days or less. Further, NRTPs must file the GSTR-5
return reporting on their business.

You have gone through the basic GST returns such as GSTR-1, GSTR-2B
& GSTR-3B. This article explains all about GSTR-5 including what it is,
why is it important, due date and format.

Every registered non-resident taxable person is required to furnish a return


in GSTR-5 in GST Portal

If the GSTR-5 return is not filed then the next month’s return cannot be
filed. Hence, late filing of GST returns will have a cascading effect leading
to heavy fines and penalties.

1. What is GSTR 5?
A registered NRTP is not required to file separately the statement of
the outward supplies, statement of inward supplies and return like a
normal taxpayer. In place of the same , a simplified monthly tax
return GSTR 5 has been prescribed .
2. What are the details required to be furnished under GSTR 5?
The details required to be furnished in GSTR 5 include
a. Details of Outward Supply
b. Details of Inward Supply
c. Tax, interest, penalty, late fee payment details etc
d.
3. Is it mandatory to file GSTR 5?
Yes, filing of GSTR 5 is mandatory.

4. Who is required to file GSTR 5?


GSTR 5 is required to be furnished by every registered non-resident
taxable person.

5. What is the Due date of filing GSTR 5?


The due date to file GSTR-5 for NR for the period for which they
get registration is within 7 days of the expiry of such period. And if
the period of registration is more than one month, the monthly return
would be filed by the 20th of the following month of the tax period.
In simple words it should be furnished within 20 days after the end
of the calendar month or within 7 days after the last day of validity
period of the registration, whichever is earlier.

6. Is it possible to file NIL GSTR 5?


Yes, filing a NIL GSTR 5 is possible.

GSTR-5A is a specific GST return filed every month. In this article, we will
discuss the GST return for non-resident OIDAR service providers in detail.

Late Fees for a delay in filing GSTR 5A


If there is a delay in filing of the Form GSTR 5A, the following late fees
are payable:
Type of return Late fees applicable

Normal Return Rs. 200 per day

NIL Return Rs. 100 per day

1. Is it mandatory to file GSTR 5A?


Filing of this return is mandatory and even if there is no business
transaction a nil return is to be filed.

2. Who is required to file GSTR 5A?


The non-resident service provider of OIDAR needs to file the return.

3. What is the Due date of filing GSTR 5A?


A monthly return is to be filed by 20th of the following month.

4. Is it possible to file NIL GSTR 5A?


NIL GSTR 5A is required to be furnished in case there are no
pertaining transactions.

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