Chapter 14 Return
Chapter 14 Return
14 RETURNS
Table Of Content
Sec & Rules Title [Link]. Sec 40 First Return 14.14
Sec 2 Relevant definitions 14.03 Sec 44 & Rule 80 Annual Return 14.15
Sec 37 & Rule 59 Furnishing details of Outward supplies 14.03 Sec 45 & Rule 81 Final Return 14.16
Sec 38 & Rule 60 Communication of details of inward Sec 46 & 47 Notice & Late fee for delay
14.06 14.16
supplies & ITC in filing return
Sec 39 & Rule Furnishing of Returns , Payment of 14.08 Sec 48 Goods & Services Tax 14.20
61/61A/62/63 Tax & Rectification Practitioners
INTRODUCTION
Meaning
Ü The term “return” ordinarily means statement of information (facts) furnished by the taxpayer, to tax
administrators, at regular intervals which enables the Government/ tax administrator to estimate the
tax collection for a particular period and determine correctness of tax compliance.
Ü All details are consolidated & stored at common portal which is common for both, i.e. CG & SGs.
1. A taxpayer has to estimate his tax liability on “self-assessment” basis and deposit the tax along with
the filing of such return & thus, return filed is a work sheet/supporting document for tax authorities to
rely on the computation of tax by authorities.
[Link] of returns not only determines the tax liability of the person filing the same, but it also has a huge
bearing on determination of tax liability of other persons with whom the former has entered into
transactions in course or furtherance of business.
All the returns/statements under GST laws are filed electronically by using various modes as follows:-
1 GSTN portal Can be filed directly on the GST common portal online.
([Link])
2 Offline utilities Used for preparing the statements offline after downloading the auto populated
provided by GSTN details and uploading them on the common portal as direct filing on portal may be
tedious & time consuming for taxpayers with large number of invoices.
3 GST Suvidha GSTN has also developed an ecosystem of GST Suvidha Providers (GSP) that will
Providers (GSPs) integrate with the common portal.
Statement / Return
Statement Normal Return
Section 37 Section 38
Outward Supply Inward Supply Regular return Annual return
1-11th of following GSTR - 2B Section 39 Section 44
GSTR -1 Month. Auto updated
After filing GSTR-1,
GSTR -1A but before filing Person Regular taxable Person Non- Person Regular taxable Composition
GSTR-3B & CTP resident Composition Taxable TDS Deductor Person Taxable
IFF 1-13th of following taxable person person
(QRMP Person Form GSTR-9 GSTR-9A
Month
V’Smart Academy
Scheme)
Form GSTR-3B GSTR-5 GSTR-4 (yearly) GSTR-7
Max time within 3 Yrs from Due date 31st Dec of the next F. Y.
30th Jun of following on/before 10th day of
limit due date 13th day Max. within 3 Yrs from due
Due date 20th of following F.Y. the month succeeding
of following date of filling annual
Month the calendar month. Time
month
Limit return
Comment :- Composition tax payer [Link] within 3 Yrs from due date of its filling u/s 39
required to filed quartely statement Limit
14.02
Other Return Non - filing of return
Late Filing
under section 39/44/45
Section 46 Section 47
Late Fee
First Return Final Return Notice to furnish return in
Section 45 next 15 days Regular Return
Section 40 Annual Return
De-registation Statement under sec 37/38
First Tax Period under sec 39 under sec 45
([Link] 1/2)
If still not furnished - Proper Officer Further under (i.e. GSTR - 3B) ` 100 /day
` 100 /day
will make best Judgement section 122 `100 /day Max 0.25 % of
First return shall cover Final return shall be Max ` 5,000
Max `5,000 ATO
CA Vishal Bhattad
Assessmentunder Section 62 penalty leviable ` 10,000
all outward supplies furnished within
from the date 3 months of the
from which GST Practitioner
he becomes liable
for registration Date of Date of
cancellation Section 48
Cancellation
order
09850850800
DEFINITIONS
Sec 2(94):- Registered Person means
a person who is registered u/s 25 but does not include a person having a Unique Identity Number.
shall mean a period comprising three consecutive calendar months, ending on the last day of
March, June, September and December of a calendar year.
means a return furnished u/s 39 on which self-assessed tax has been paid in full.
The details of outward supplies (GSTR-1) of both goods and services are required to be furnished by
every RP including registered CTP except the following:
Ü ISD Ü NRTP Ü person paying tax under composition scheme Ü person deducting TDS
Ü person collecting TCS Ü supplier of OIDAR service located in non-taxable territory providing services
to NTOR or online money gaming outside India to a person in India.
1A. Who is required to furnish GSTR-1A & when it should be furnished?
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Ü The said RP may , amend or furnish additional details of outward supplies of goods or services or both
in GSTR-1A for the said tax period electronically at his own option through the GSTportal,
Ü It shall be furnish after furnishing GSTR-1 for a tax period but before filing of return in GSTR-3B for the
said tax period.
Ü GSTR 1 filing is mandatory for all normal and CTP, even if there is no business activity in any particular
tax period.
Ü Nil GSTR-1 is required to be filed in such cases, which will not have any entry.
Ü Thus, a NIL GSTR-1 can be filed anytime from 1st of the month subsequent of the tax period, through an
SMS using the registered mobile number of the taxpayer & is verified by registered mobile number-
based OTP facility.
3. Due Date of Submission of GSTR-1:-
Note:- A taxpayer cannot file GSTR-1 before the end of the current tax period. However, following are the
exceptions to this rule:-
Questionnaire Q1
a. Casual taxpayers, after the closure of their business
b. Cancellation of GSTIN of a normal taxpayer- after confirming receipt of the application.
Ü Only the invoices pertaining to last month of a quarter are to be uploaded in GSTR-1.
Ü IFF is used only for B2B invoices.
Ü Alternatively, a RP may furnish the details of all outward supplies made during a quarter in Form GSTR-1
only, without using the IFF.
Ü Due to IFF, recipient who made purchases from a person opting for QRMP scheme can avail ITC
without much delay as the transaction will be reflected as their inward supplies.
Ü Invoices for a month are to be furnished in IFF between 1st day of succeeding month till 13th day of
succeeding month & not after that.
5. Details of outward supplies required to be furnished in IFF:- It includes-
Ü Invoice wise details of inter-State and intra-State supplies made to the registered persons.
Ü Debit and credit notes, if any, issued during the month for such invoices issued previously.
Ü A RP shall not be allowed to furnish GSTR-1 for a tax period, if the details of outward supplies for any of the
previous tax periods has not been furnished by him.
Ü However, Govt. may allow notified persons to furnish GSTR-1, even if he has not furnished GSTR-1 for 1 or
more previous tax periods.
shall not be allowed to furnish if he has not furnished the return in FORM GSTR-3B for preceding
GSTR-1, month
b) A registered person (QRMP Scheme):-
shall not be allowed to furnish GSTR- if he has not furnished the return in FORM GSTR-3B for preceding tax
1 or IFF, period
A RP, to whom an intimation has been issued on the common portal under Rule 88C(1) (where tax liability
shown in GSTR-1 exceeds the tax liability paid in GSTR-3B ) in respect of a tax period,
Ü shall not be allowed to furnish GSTR-1 or IFF for a subsequent tax period,
Ü unless he has either deposited the amount specified in the said intimation or has furnished a reply
explaining the reasons for any amount remaining unpaid, as required under rule 88C(2).
Comments:-
Ø If reply was furnished but found to be not satisfactory, then only recovery proceedings u/s 79 would be triggered as
this rule does not prescribe blocking of GSTR-1 / IFF in such case.
Ø If no action was taken against the issuance of DRC-01B, there would be blocking of GSTR-1/IFF along with initiation
of recovery proceedings u/s 79 of CGST Act, 2017. Questionnaire Q6
If any intimation is issued rule 88D(1)(for excess ITC) on RP in respect of a tax period or periods, shall
not be allowed to furnish GSTR-1 /IFF for a subsequent tax period,
unless he has either paid the amount equal to the excess ITC as specified in the said intimation or
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has furnished a reply explaining the reasons in respect of the amount of excess ITC that still remains to be
paid.
RP shall not be allowed to furnish GSTR-1/ IFF, if he has not furnished the details of the bank account
under rule 10A. Questionnaire Q5
9. Sec 37(3): Amendment in details of outward supply (GSTR-1) furnished in prior periods
Scope of amendment/correction entries
Ü Amendments in details of taxable outward supplies furnished in earlier periods can be made in
“Amendment Table” given in GSTR-1 of subsequent periods
Ü Details required for amendment = original invoice (No. & Date), the particulars of which have been
wrongly entered in GSTR-1 of the earlier months.
Ü If the entire original invoice is missed while furnishing the GSTR- 1 for a particular previous month, then
that missing invoice details are to be furnished in the Amendment Table only & such type of errors is
regarded as data entry error.
Rectification of errors
Ü If the supplier discovers any error or omission, he shall rectify the same in the tax period during which such
error or omission is noticed.
Ü If there is short payment in the return to be furnished for such tax period, then short tax and interest shall be paid.
Time limit for rectification
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The maximum time limit for making amendments is EARLIER of the following dates:-
Ü 30th November following the end of the F.Y. to which such details pertain or
Ü Actual date of filing of the relevant annual return.
Details in GSTR-2B:-
Ü Form GSTR-2B is an auto-generated read only statement containing the details of eligible ITC - is made
available to the registered person (recipient) for every month only once.
It consists of:-
1 The details of outward supplies furnished by suppliers (other than under QRMP Scheme) in Form
GSTR- 1 between:-
Ø the day immediately after the due date of GSTR-1 for the previous month to
Ø the due date of furnishing of Form GSTR-1 for the month.
2 The details of outward supplies furnished by the supplier under QRMP scheme in Form GSTR-1 or using
the IFF, by NRTP in Form GSTR-5 & by an ISD in Form GSTR-6 as the case may be, between:-
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For 1st Ü the day immediately after the due date of furnishing GSTR-1 for the preceding quarter to
month of Ü the due date of furnishing details using the IFF for the 1st month of the quarter.
quarter
For 2nd Ü the day immediately after the due date of furnishing details using the IFF for the 1st month
month of of the quarter to
quarter Ü the due date of furnishing details using the IFF for the 2nd month of the quarter.
For 3rd Ü the day immediately after the due date of furnishing of details using the IFF for the 2nd
month of month of the quarter to
quarter Ü the due date of furnishing of Form GSTR-1 for the quarter
3 The additional details or amendments in details of outward supplies furnished by his supplier in
GSTR-1A filed between the day immediately after the due date of furnishing of GSTR-1 for the
previous tax period to the due date of furnishing of GSTR-1 for the current tax period.
4 GSTR-2B consists of all documents filed by suppliers/ISD in their Form GSTR-1, 5 & 6, between the
cut-off dates and import data for the period which are received within 13th of the succeeding month.
Ø In case of monthly Form GSTR-1, the cut-off date is 00:00 hours on 12th of the relevant month to
23:59 hours, on 11th of the succeeding month.
Ø Whereas for quarterly Form GSTR-1/IFF, Form GSTR-5 and Form GSTR-6, the cut-off date is 00:00
hours on 14th day of relevant month to 23:59 hours, on 13th day of succeeding month.
i) for the 1st and 2nd month of a quarter, a day after the due date of furnishing of details of
outward supplies for the said month,
Ø in the IFF by a RP opting for QRMP, or
Ø in Form GSTR-1 by a registered person other than opting for QRMP,
whichever is LATER.
ii) In the 3rd month of the quarter, a day after the due date of furnishing of details of outward
supplies for the said month, in Form GSTR-1 by a RP opting for QRMP.
Example:- For the quarter July-September, Form GSTR-2B for a registered person (recipient) who has received
supplies from QRMP suppliers as well as from other suppliers will be generated as follows:
Month Date of generation of GSTR 2B
July 14th August
August 14th September
September 14th October
Ü ISD, Ü NRTP, Ü Composition Taxpayer, ÜPerson deducting TDS, Ü Person collecting TCS and
Ü Supplier of OIDAR services located in non-taxable territory providing such services to non-taxable online
recipient or online money gaming outside India to a person in India.
Proviso:- Persons notified by Govt. shall furnish a return for every quarter or part thereof, subject to the
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Ü If the option is exercised once, the said RP shall continue to furnish the return on a quarterly basis for future
tax periods, unless he:-
Ø becomes ineligible for this scheme as per the conditions and restrictions notified in this regard or
Ø opts to furnish return on a monthly basis, electronically, on common portal.
Ü If the agg. t/o crosses ` 5 crore during a quarter in a F.Y., then the registered person shall not be eligible
to furnish return on quarterly basis from
Ø the first month of the succeeding quarter.
Ü He shall opt for furnishing of return on a monthly basis from the 1st month of the quarter, succeeding the
quarter during which his agg. t/o exceeds ₹ 5 crore.
Ü The facility for opting out (voluntary) of the scheme for a quarter will be available
Ø from 1st day of 2nd month of preceding quarter
Ø to the last day of the 1st month of the quarter. Questionnaire: Q9, Q10, Q11 & Q12
Ü Filing of GSTR-3B is mandatory for all normal and casual taxpayers, even if there is no business
activity in any particular tax period. For such tax period(s), a Nil GSTR-3B is required to be filed which
will not have any entry in any of its tables.
Ü A Nil GSTR-3B can be filed through an SMS using the registered mobile number of the taxpayer and is
verified by registered mobile number-based OTP facility.
Ü A taxpayer may file Nil GSTR-3B, anytime on or after the 1st day of the subsequent month/quarter for
which the return is being filed for.
a) A composition dealer is required to file an annual return in Form GSTR-4 for a F.Y. or part thereof and
also required to furnish a statement in Form GST CMP-08 containing payment details for every quarter
(or part of the quarter), electronically, by the due dates as follows:-
Due date of filing GSTR- 4 for a F.Y By 30th day of the month of June following the end of such F.Y.
Due date of filing GST CMP-08 for By 18th day of the month succeeding such quarter
a quarter
Questionnaire Q13
Note:-
Ü A composition supplier is required to file the return GSTR-4 annually, but he is required to pay the tax
quarterly.
Ü The inward supplies of a composition supplier received from RP filing GSTR-1 will be auto populated in FORM GSTR-4A
for viewing.
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Ü Composition taxpayers are required to provide consolidated details of outward supplies in GSTR-4 and not invoice-
wise details.
Ø However, details of inter-State and intra-State inward supplies received from registered and un-registered
persons are to be provided invoice-wise.
Ü They discharge their tax liability only by debiting E- cash ledger as they are not eligible to take ITC.
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a) Monthly return:-
Ü Deductor shall furnish a monthly return in Form GSTR-7.
Ü No Nil GSTR-7:- It is mandatory to file nil return if no TDS is deducted in tax period.
Substituted by F.A. 24 :- Every person required to deduct tax at source u/s 51 must electronically file a
monthly return detailing the deductions made, in the prescribed form, time and manner.
Proviso The RP must file a return for each calendar month, regardless of whether any deductions were
made or not.
c) TDS details available to deductee on common portal:-
Ü TDS details are made available to each deductee on common portal after filing GSTR-7.
Ü TDS is credited in e-cash ledger of supplier after validation & used for payment of tax or other
liability.
Every registered person u/s Last date to pay the tax due as per such return is the due date for
39(1) other than below furnishing of return (i.e. Monthly GSTR-3B).
Every RP furnishing return Due date to pay tax for a quarter is 18th of the month succeeding such
under composition scheme quarter.
NRTPs or CTPs Tax is required to be paid in advance equivalent to the estimated tax
liability for period for which registration is sought or extension of
registration is sought as per sec 27(2).
Manner of balance in Can use balance in 1st 2 months deposited amount is debited solely for
paying tax electronic cash electronic cash offsetting the liability furnished in that quarter's Form
ledger. ledger excluding GSTR-3B. Any amount left after filing of that quarter's
the tax due for 1st Form GSTR-3B may either be claimed as refund (only
month. after such Quarterly return is filed)or may be used for
any other purpose in subsequent quarters.
Note:- The deposit made for 1st 2 months of Qtr cannot be used by taxpayer for any other purpose till the filing
of return for the quarter.
Fixed Sum Method:- A facility is available on GST portal for generating an auto-generated/pre- filled
challan in Form GST PMT-06. Challan amount is calculated by system which can't be edited.
[Link] Type of Taxpayer Tax to be paid in each of 1st 2 months
1 Who furnished GSTR-3B quarterly for the 35% of tax paid in cash in the preceding quarter.
last quarter
2 Who furnished GSTR-3B monthly during 100% of tax paid in cash in the last month of the
the last quarter immediately preceding quarter.
The balancing amount of tax as per return is to be paid in the 3rd month.
Note:-
Ø Monthly tax payment through this method would not be available to those registered persons who have not furnished
the return for a complete tax period preceding such month.
Ø A complete tax period means a tax period in which the person is registered from the first day of the tax period till the
last day of the tax period.
Self-Assessment Method:-:- Taxpayer can pay the tax by considering the tax liabilities on inward &
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outward supplies as per the ITC available for which GSTR-2B can be used for each month.
Applicability of interest under this method:-
Interest is payable as per sec 50 for the tax liability net of ITC which remains unpaid / paid beyond the due
date for the first 2 months of the quarter.
Note:-
Ø Interest payable, if any, shall be paid through Form GSTR-3B.
Ø No late fee is applicable for delay in payment of tax in first 2 months of the quarter.
Ü A registered person shall not be allowed to furnish a return for a tax period if he has not furnished the
following:-
Ø the return for any of the previous tax periods or
Ø the details of outward supplies u/s 37(1) (i.e. GSTR-1) for the said tax period.
Ü Proviso:- Govt. may allow notified registered person(s) to furnish the return, even if he:-
Ø has not furnished returns for 1 or more previous tax periods or
Ø has not furnished the details of outward supplies u/s 37(1) for the said tax period.
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Every registered person shall furnish Annual return in prescribed form except:-
Ü Casual Taxable Person (CTP),
Ü Non-resident taxable person (NRTP),
Ü Input Service Distributors (ISD) and
Ü Persons paying tax under section 51 or 52. Questionnaire Q16(2)
Due Date
Annual return for a F.Y. shall be filed by 31st December of Next F.Y.
(Note:- It may be extended by Commissioner)
Manner
An annual return may include:- self-certified reconciliation statement, reconciling the value of supplies
declared in the return furnished for the F.Y., with audited annual financial statement for every F.Y.
Commissioner exempts the registered person whose aggregate turnover in any Financial year from F.Y.
2024-25 onwards is up to ` 2 Cr from filing annual return for that said F.Y. Newly Inserted by
N/n 15/2025
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Sec 44 N.A. to whom
This section shall NOT apply to any department of CG or SG or a local authority, whose
books of account are subject to audit by the CAG of India or an auditor appointed for
auditing the accounts of local authorities under any law for the time being in force.
Clarification on late fee for delay in furnishing of FORM GSTR-9C: [[Link]. 246/03/2025]
Issue: Whether Late fee u/s 47 apply when Form GSTR-9C (Reconciliation statement) is not filed with
annual return but is filed after due date of furnishing Annual Return (Form GSTR-9)
Clarification:
Ü Taxpayers with Aggregate Turnover exceeding ₹ 5 Crore in a FY must submit a self-certified reconciliation
statement (Form GSTR-9C) along with Form GSTR-9.
Ü If Form GSTR-9C is required to be filed but not filed along with Form GSTR-9, the annual return is
considered incomplete.
Ü Late fees u/s 47(2) will apply from due date of furnishing annual return till the date of furnishing complete
annual return (both GSTR-9 & GSTR-9C being filed).
Note:
Ü Before 01.08.2021, businesses with turnover over ₹ 2 crore had to get their accounts audited and file
GSTR-9 along with a certified reconciliation statement (GSTR-9C) under the CGST Act.
Ü From 01.08.2021, the audit requirement was removed. Now, only businesses with turnover exceeding ₹ 5
crore must file GSTR-9 along with a self-certified GSTR-9C by 31st December following the end of the
financial year.
Maximum Time limit for furnishing GSTR -1/GSTR-3B & others /GSTR-9
Sec 37(5) & Sec 39(11) & Sec 44(2)
A RP shall not be allowed to furnish the details of outward supplies (GSTR-1)/ Return u/s 39 & annual return
u/s 44 for a tax period/ F.Y. after the expiry of a period of 3 years from the due date of furnishing the said
details.
Proviso:-
CG may, on the recommendations of the Council, by notification, allow a RP or a class of RP to furnish the
details of outward supplies/return/AR for a tax period/F.Y., even after the expiry of the said period of 3 years
from the due date of furnishing the said details.
Every registered person who is required to furnish return u/s 39(1) and whose registration has been
surrendered or cancelled.
Time limit
The final return has to be filed within 3 months of:- Questionnaire: Q15 &
Ü date of cancellation or Ü date of order of cancellation, whichever is later. Q16(3)
Form :- GSTR-10
Manner:- Electronically through the common portal
Ü A notice is issued electronically, in prescribed form, to a RP who fails to furnish return under:-
Ø Sec 39 (Normal return)
Ø Sec 44 (Annual return)
Ø Sec 45 (Final return)
Questionnaire Q17
Ø Sec 52 (TCS Statement)
Ü Notice requires the registered person to furnish the return within 15 days,
Ø failing which the tax liability will be assessed u/s 62.
Ø In addition to tax so assessed, applicable interest and penalty will also be payable.
If a registered person fails to furnish the Annual return u/s 44 by the due date, he is liable to pay late fee
which is LOWER of:-
Ø ` 100 (i.e. ` 200 for CGST & SGST) for every day during which such failure continues or
Ø 0.25% (i.e. 0.5% for CGST & SGST) of the turnover of registered person in the State/UT.
Important Points:-
1. An equal amount of late fee as above would be payable by such person under the respective SGST/UTGST Act. The late
fee discussed above is under the CGST Act.
2. The late fee leviable under IGST Act shall be the sum total of the late fee leviable under the CGST Act and the SGST/
UTGST Act.
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1. For delayed filing of GSTR-1 and/or GSTR-3B:- Total amount of late fee payable u/s 47, by the
registered person who fail to furnish Form GSTR-1 and/or Form GSTR-3B by due date:-
Whichever is
}
have nil outward supplies in
the tax period/ whose total
amount of tax payable in
Lower
` 20 (` 10 CGST + ` 10 SGST /
the GSTR- 3B is Nil, as the
UTGST) for every day during
case may be
which such failure continues
Class of registered Person
Whichever is
CGST & SGST /UTGST)
}
Aggregate turnover <= ` 1.5
crores in the preceding FY ` 50 (` 25 CGST+`25 SGST
Lower
2) Registered persons other /UTGST) for every day during
than those covered in (1) which such failure continues
above
` 5,000(` 2,500 each under
Aggregate turnover in
}
Whichever is
CGST & SGST /UTGST)
preceding FY is > ` 1.5
Crores but <= `5 Crores ` 50 (` 25 CGST + ` 25
Lower
SGST /UTGST) for every
day during which such
failure continues
` 10,000 (` 5,000 each under
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}
Whichever is
For delayed filing of GSTR-4:- Total amount of late fee payable u/s 47 of the CGST Act, by the RP
(composition taxpayer) who fail to furnish Form GSTR-4 by the due date, shall be as follows:
Class of registered person Quantum of late fee
` 500 (` 250 each under CGST &
}
Whichever
SGST/UTGST)
is Lower
}
Whichever
SGST/UTGST)
(2) Registered persons other
is Lower
Whichever
Registered persons having UTGST)
is Lower
aggregate turnover <= ` 5 crores
in the relevant FY 0.04 % of turnover in the State or UT
(0.02% CGST + 0.02% SGST / UTGST)
Whichever
Registered persons having / UTGST)
is Lower
following aggregate turnover:
Where ` 5 crores < aggregate turnover 0.04 % of turnover in the State or UT
` 20 crores in the relevant FY (0.02% CGST + 0.02% SGST / UTGST)
Whichever
Registered persons having
SGST/UTGST)
is Lower
aggregate turnover > ` 20
crores in the relevant FY 0.50% of the turnover of the registered
person in the State/UT (0.25 % CGST +
Questionnaire Q18 0.25% SGST/UTGST)
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/UTGST) for every day during
Whichever
of late Fee
` 2,000 (` 1,000 each under CGST
& SGST/UTGST)
Waiving of late fee for failure to furnish GSTR-7:- Inserted by N/No. 23/2024
Ø Total late fee payable u/s 47 by such RP calculated as above for June, 2021 onwards in excess of ₹ 1,000
shall stand waived (total late fee shall be max ₹ 1,000).
Ø If the total CGST deducted at source in said month is nil, the total amount of late fee stands waived.
Goods & services tax practitioner means any person who has been approved u/s 48 to act as such
practitioner.
Ü A RP may authorise an approved GSTP to furnish information, on his behalf, to Govt. At any time, the
registered person may withdraw such authorization.
Ü GSTN provides separate user ID and Password to GSTP to enable him to work on behalf of his clients
without asking for their user ID and passwords.
Ü The GSTP can undertake only authorised activities.
Ü Before confirming submission of any statement prepared by GSTP over email or SMS, registered person
ensures that the facts mentioned in the return are true & correct, making the registered person
responsible for the same. However, failure to respond to request for confirmation is treated as deemed
confirmation.
ÜThe GSTP should prepare all statements with due diligence and affix his digital signature on the statements
prepared by him or electronically verify using his credentials.
Ü If the GSTP is found guilty of misconduct, his enrolment will be liable to be cancelled and a show cause
notice would be issued to him.
Ü A taxpayer may choose a different GSTP by simply unselecting the previous one and then choosing a new
GSTP on the GST portal.
1) A person who is
Ø Citizen of India,
Ø Person of sound mind, Questionnaire Q19 & 20
Ø Not adjudicated as insolvent and
Ø Not been convicted by competent court.
2) In addition to above, the person has to satisfy ANY of the following conditions:-
Ø Retired officer of Commercial Tax Department of any State Govt./CBIC who, during service under
Government had worked in a post not lower than the rank of a Group-B gazetted officer for a period
not less than 2 years.
Ø Enrolled as a Sales Tax Practitioner or Tax Return Preparer under the earlier indirect tax laws for a
period of not less than 5 years.
Ø Has acquired ANY of the prescribed qualifications mentioned below:-
A Graduate or postgraduate degree or its equivalent examination having a degree in Commerce,
Law, Banking including Higher Auditing, or Business Administration or Business Management
from any Indian University established by any law for the time being in force.
A Degree examination of any Foreign University recognised by any Indian University as equivalent
to the degree examination mentioned above.
A Any other examination notified by Government, on recommendation of GST Council.
A Has passed final examination of ICAI/ ICSI/ Institute of Cost Accountants of India.
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the appointed date unless he passes the said examination within the said period of 30 months.
Rule 88D (Newly inserted via N/No. 38/2023):- Manner of dealing with difference in ITC
available in autogenerated statement containing the details of ITC and that availed in return:-
1 Excess ITC Ü When input tax credit (ITC) claimed in FORM GSTR-3B exceeds the ITC available in
Intimation FORM GSTR-2B, the discrepancy is notified in Part A of FORM GST DRC-01C.
Ü The RP is informed electronically via the common portal and receives an email
detailing the difference in claimed and available ITC.
Excess ITC Intimation highlighting the said difference and directing him to
Demand or (a) Pay the excess ITC amount with interest through FORM GST DRC-03, or
clarification on (b) Provide reasons for the discrepancy on the common portal,
Intimation within a period of seven days.
2 Excess ITC The registered person referred to sub-rule (1) shall, upon receipt of the intimation
Payment & Reply referred to in the said sub-rule, either,
to Intimation (a) pay an amount equal to the excess input tax credit, as specified in Part A of
3 Non payment of Where any amount specified in the intimation referred to in sub-rule (1) remains to
tax or no reply be paid within the period specified in the said sub-rule and
by RP Ü where no explanation or reason is furnished by the registered person in default
or
Ü where the explanation or reason furnished by such person is not found to be
acceptable by the proper officer,
the said amount shall be liable to be demanded in accordance with the provisions of
section 73 or section 74 or Section 74A, as the case may be.
Questionnaire Q7
CH 14 Returns
(Whose Aggregate Invoices = B2B & B2C Invoices = B2B & B2C Invoices = B2B & B2C
}
}
}
annual turnover
upto 5 Cr in P.F.Y)
Monthly payment Monthly payment Payment of the differential
Particulars 1st Month 2nd Month End of (If short payment or Non payment then (If short payment or Non payment then 22nd/24th -
Quarter interest is payable @ 18% per annum) interest is payable @ 18% per annum) Quarterly Return(3B)
V’Smart Academy
Payment PMT - 06 PMT - 06 PMT - 06
challan
Due date 25th of 25th of along
Payment Method
of Payment succeeding month succeeding month with return
OR
2. Self-Assessment Method (SAM)
1. Fixed Sum Method (FSM)
Here the taxpayer can pay the tax liability by considering the tax liabilities
Payment of tax in the 1st and the 2nd month of the quarter.
Sr. No. Type of Taxpayer Tax to be paid on inward and outward supplies and as per the ITC available.
14.23
35% of tax paid in cash(E- Cash Ledger) There are certain conditions where no tax needs to be paid:
1. Who furnished GSTR-3B
in the preceding quarter • 1st Month of Quarter: The tax liability is Nil. OR The balance in the
quarterly for the last quarter
electronic cash ledger is adequate for the tax liability for the same
2 Who furnished GSTR-3B 100% of tax paid in cash in the
last month of the immediately preceding month.
monthly during the last quarter
quarter • 2nd Month of Quarter: The tax liability is Nil. OR The balance in the
electronic cash ledger is adequate for the cumulative tax liability for the
The balancing amount of tax is to be paid in the 3rd month.
IThst two months of the quarter.
Example
In case the last return filed was on quarterly basis for Quarter Ending March, 2021: In case the last return filed was monthly for tax period March, 2021:
CA Vishal Bhattad
Tax paid in Cash in Quarter Tax required to be paid in each Tax paid in Cash in March,21 Tax required to be paid in each of the months-April and May, 21
(January -March, 2021) of the months - April and May, 21 CGST 50 CGST 50
CGST 100 CGST 35 SGST 50 SGST 50
SGST 100 SGST 35 IGST 80 IGST 80
IGST 500 IGST 175 Cess ---- Cess ---
Cess 50 Cess 17.5
09850850800
CH 14 Returns
CH 14 Returns