Implementation of a comprehensive Income Tax system like GST in India will ensure that taxpayer services such as registration, returns, and compliance are transparent and straightforward.
Individual taxpayers will be using 4 forms for filing their GST returns such as the return for supplies, return for purchases, monthly returns, and annual return. Small taxpayers who have opted for a composition scheme will have to file quarterly returns. All filing of returns will be done online.
What is a GST Return?
A GST return is a document containing details of all income/sales and/or expenses/purchases that a GST-registered taxpayer (every GSTIN) is required to file with the tax administrative authorities. This is used by tax authorities to calculate net tax liability.
Under GST, a registered dealer has to file GST returns that broadly include:
- Purchases
- Sales
- Output GST (On sales)
- Input tax credit (GST paid on purchases)
Who should file GST Returns?
Under the GST regime, regular businesses having more than Rs.5 crore as annual aggregate turnover (and taxpayers who have not opted for the QRMP scheme) have to file two monthly returns and one annual return. This amounts to 25 returns each year.
Taxpayers with a turnover of up to Rs.5 crore have the option to file returns under the QRMP scheme. The number of GSTR filings for QRMP filers is 9 each year, which include 4 GSTR-1 and GSTR-3B returns each and an annual return. Note that QRMP filers have to pay tax on a monthly basis even though they are filing returns quarterly.
There are also separate statements/returns required to be filed in special cases such as composition dealers where the number of GSTR filings is 5 each year (4 statement-cum-challans in CMP-08 and 1 annual return GSTR-4).
How many returns are there under GST?
There are 13 returns under GST. They are the GSTR-1, GSTR-3B, GSTR-4, GSTR-5, GSTR-5A, GSTR-6, GSTR-7, GSTR-8, GSTR-9, GSTR-10, GSTR-11, CMP-08, and ITC-04. However, all returns do not apply to all taxpayers. Taxpayers file returns based on the type of taxpayer/type of registration obtained.
Eligible taxpayers, i.e. with a turnover exceeding Rs.5 crore are also required to also file a self-certified reconciliation statement in Form GSTR-9C.
Besides the GST returns that are required to be filed, there are statements of input tax credit available to taxpayers, namely GSTR-2A (dynamic) and GSTR-2B (static). There is also an Invoice Furnishing Facility (IFF) available to small taxpayers who are registered under the QRMP scheme to furnish their Business to Business (B2B) sales for the first two months of the quarter. These small taxpayers will still need to pay taxes on a monthly basis using Form PMT-06.
| Return Form | Description | Frequency | Due Date |
|---|---|---|---|
| GSTR-1 | Details of outward supplies of taxable goods and/or services affected. | Monthly | 11th of the next month. |
| Quarterly (If opted under the QRMP scheme) | 13th of the month succeeding the quarter. | ||
| IFF (Optional by taxpayers under the QRMP scheme) | Details of B2B supplies of taxable goods and/or services affected. | Monthly (for the first two months of the quarter) | 13th of the next month. |
| GSTR-3B | Summary return of outward supplies and input tax credit claimed, along with payment of tax by the taxpayer. | Monthly | 20th of the next month. |
| Quarterly (For taxpayers under the QRMP scheme) | 22nd or 24th of the month succeeding the quarter*** | ||
| CMP-08 | Statement-cum-challan to make a tax payment by a taxpayer registered under the composition scheme under Section 10 of the CGST Act. | Quarterly | 18th of the month succeeding the quarter. |
| GSTR-4 | Return for a taxpayer registered under the composition scheme under Section 10 of the CGST Act. | Annually | 30th of the month succeeding a financial year upto FY 23-24. 30th of June suceeding a financial year upto FY 24-25. |
| GSTR-5 | Return to be filed by a non-resident taxable person. | Monthly | 20th of the next month. (Amended to 13th by Budget 2022; yet to be notified by CBIC.) |
| GSTR-5A | Return to be filed by non-resident OIDAR service providers. | Monthly | 20th of the next month. |
| GSTR-6 | Return for an input service distributor to distribute the eligible input tax credit to its branches. | Monthly | 13th of the next month. |
| GSTR-7 | Return to be filed by registered persons deducting tax at source (TDS). | Monthly | 10th of the next month. |
| GSTR-8 | Return to be filed by e-commerce operators containing details of supplies effected and the amount of tax collected at source by them. | Monthly | 10th of the next month. |
| GSTR-9 | Annual return by a regular taxpayer. | Annually | 31st December of the next financial year. |
| GSTR-9C | Self-certified reconciliation statement. | Annually | 31st December of the next financial year. |
| GSTR-10 | Final return to be filed by a taxpayer whose GST registration is cancelled. | Once, when the GST registration is cancelled or surrendered. | Within three months of the date of cancellation or date of cancellation order, whichever is later. |
| GSTR-11 | Details of inward supplies to be furnished by a person having UIN and claiming a refund | Monthly | 28th of the month following the month for which statement is filed. |
| ITC-04 | Statement to be filed by a principal/job-worker about details of goods sent to/received from a job-worker | Annually (for AATO up to Rs.5 crore) Half-yearly (for AATO > Rs.5 crore) | 25th April where AATO is up to Rs.5 crore. 25th October and 25th April where AATO exceeds Rs.5 crore. (AATO = Annual aggregate turnover) |
Late filing of GST returns
Late filing of GST returns can have serious consequences, including financial penalties and interest charges. It is essential for businesses to adhere to the prescribed due dates to avoid these adverse effects. Here are some key points to understand about late filing of GST returns:
Mandatory Return Filing
Under the Goods and Services Tax (GST) regime, return filing is mandatory, even if there are no transactions to report. This means that all registered taxpayers must file GST returns regularly, as specified by the government.
Cascading Effect of Late Filing
Late filing of GST returns can have a cascading effect. You cannot file the return for the current period if the return for the previous month or quarter has not been filed. This can result in a backlog of pending returns, making it difficult to comply with GST regulations.
Late Filing Fee
The late filing fee for GSTR-1, for example, is populated in the liability ledger of GSTR-3B filed immediately after the delay. This means that if you delay filing GSTR-1, the late fee will reflect in your GSTR-3B, leading to additional financial liabilities.
Interest on Outstanding Tax
If you have outstanding tax liabilities, interest is charged at a rate of 18% per annum. Interest is calculated by the taxpayer on the amount of outstanding tax to be paid. It is calculated from the day after the due date until the actual date of payment.
Late Fee Charges
The late fee for late filing of GST returns is specified under the Central Goods and Services Tax (CGST) Act and the State Goods and Services Tax (SGST) Act. As per these acts, the late fee is Rs. 100 per day per Act, which means it’s Rs. 200/day (Rs. 100 under CGST and Rs. 100 under SGST). However, there is a maximum limit of Rs. 5,000 per Act. This means that if you delay filing a return for an extended period, the late fee can accumulate up to the maximum limit.
Late Fees for GSTR-9/9C
For annual returns like GSTR-9 and GSTR-9C, the late fee is capped at 0.25% of the turnover in the state or Union Territory. This is subject to any relief schemes or changes in late fees provided by the government.
FAQs
What a taxpayer should do following receipt of GSTR-3A?
The defaulter must file the return and pay any applicable penalties and late fees within 15 days of getting notice in the form of a GSTR-3A Notice.
Who needs to submit GSTR-4?
A taxpayer who chooses the composition scheme must submit GSTR-4. As of FY 2019–20, it also applies to the special composition scheme announced for service providers in CGST (Rate) Notification Number 2/2019, dated 7 March 2020.