GSTR-9 Annual Return: Due Date, Applicability, Turnover Limit, Format, Eligibility, Rules

GST: GSTR-9 return filing is more than consolidating the monthly returns filed during a financial year. Businesses must collate the Goods and Services Tax (GST) data, including sales register, purchase register, returns filed, taxes paid, demands, and refunds. Further, one must file GSTR-9 if they were registered at least for a single day in a financial year. They should have filed all the GSTR-1 and 3B returns for the financial year before filing GSTR-9.

What is the GSTR-9 annual return?

GSTR 9 is an annual return to be filed yearly by taxpayers registered under GST. Points to note:

    • It consists of details regarding the outward and inward supplies made/received during the relevant financial year under different tax heads i.e. CGST, SGST & IGST and HSN codes.

    • It is a consolidation of all the monthly/quarterly returns (GSTR-1, GSTR-2A, GSTR-3B) filed in that year. Though complex, this return helps in extensive reconciliation of data for 100% transparent disclosures.

GSTR-9 applicability: Who should file GSTR-9 annual return?

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

    • Taxpayers opting composition scheme (They must file GSTR-9A)

    • Persons paying TDS under section 51 of CGST Act

    • person collecting TCS under section 52 of CGST Act

What is GSTR-9 turnover limit?

The GST law does not specify any turnover limit for GSTR-9. However, to ease the compliance burden for small businesses, the department made GSTR-9 optional for businesses with turnover up to Rs 2 crore from FY 17-18 onwards

What is GSTR-9 due date?

The due date to file GSTR-9 for a financial year is 31st of December of the year following the relevant financial year. Accordingly, businesses should file GSTR-9 for FY 2022-23 by 31st December 2023.

What are the details required to be filled in the GSTR-9?

GSTR-9 is divided into 6 parts and 19 sections. Each part asks for details that are easily available from your previously filed returns and books of accounts.

    • Broadly, GSTR-9 required annual sales, bifurcating it between the cases that are subject to tax and not subject to tax.

    • On the purchase side, the annual value of inward supplies and ITC availed thereon is to be revealed.

    • Furthermore, these purchases have to be classified as inputs, input services, and capital goods.

    • Details of ITC that needs to be reversed due to ineligibility are to be entered.

Late fee and penalty for not filing GSTR-9 

S.No Turnover limit Late fee per day Maximum late fee
1 Up to Rs 5 crore Rs 50 (Rs 25 each under CGST and SGST Act)  0.04% of turnover in state/UT (0.02% each under CGST and SGST Act)
2 More than Rs 5 crore and less than Rs 20 crore Rs 100 (Rs 50 each under CGST and SGST Act)  0.04% of turnover in state/UT (0.02% each under CGST and SGST Act)
3 More than Rs 20 crore Rs 200 (Rs 100 each under CGST and SGST Act)  0.50% of turnover in state/UT (0.25% each under CGST and SGST Act)
Department categorised taxpayers based on the turnover for imposing late fee for late filing of GSTR-9. It also mentioned that above
late fee attracts from FY 2022-23 onwards

Further, for financial years up to 2021-22, the late fees for not filing the GSTR 9 within the due date was Rs 100 per day, per act. That means late fees of Rs 100 under CGST and Rs 100 under SGST were applicable in case of delay. Accordingly, the total liability was Rs 200 per day of default. This is subject to a maximum of 0.25% of the taxpayer’s turnover in the relevant state or union territory per Act. However, there is no late fee on IGST yet.

GST amnesty scheme for GSTR-9:

The CBIC notified vide 07/2023 dated 31st March 2023, a waiver of late fees in excess of Rs.20,000 (i.e., 10,000 each under CGST and SGST Act) for delayed filing of GSTR-9 for years 2017-18 up to 2021-22 if filed between 1st April 2023 to 30th June 2023.

 

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