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Page 1
10.32 INDIRECT TAXES
5. OTHER RETURNS
(i) First Return [Section 40]
When a person becomes liable to registration after his turnover crosses the
threshold limit, he may apply for registration within 30 days of so becoming
liable. Thus, there might be a time lag between a person becoming liable to
registration and grant of registration certificate.
During the intervening period, such person might have made the outward
supplies, i.e. after becoming liable to registration but before grant of the
certificate of registration.
Now, in order to enable such registered person to declare the taxable supplies
made by him for the period between the date on which he became liable to
registration till the date on which registration has been granted so that ITC
can be availed by the recipient on such supplies, firstly, the registered person
may issue revised tax invoices against the invoices already issued during said
period within 1 month from the date of issuance of certificate of registration
[Section 31(3)(a) read with rule 53 of CGST Rules – Discussed in detail in
Chapter-8: Tax Invoice, Credit and Debit Notes; E-Way Bill]. Further, section
40 provides that registered person shall declare his outward supplies made
during said period in the first return furnished by him after grant of
registration. The format for this return is the same as that for regular return.
First Return
Details of outward
supplies, after
becoming liable to
registration but
before grant of the
certificate of
registration
Details of outward
supplies made in
first tax period
after grant of the
certificate of
registration
Page 2
10.32 INDIRECT TAXES
5. OTHER RETURNS
(i) First Return [Section 40]
When a person becomes liable to registration after his turnover crosses the
threshold limit, he may apply for registration within 30 days of so becoming
liable. Thus, there might be a time lag between a person becoming liable to
registration and grant of registration certificate.
During the intervening period, such person might have made the outward
supplies, i.e. after becoming liable to registration but before grant of the
certificate of registration.
Now, in order to enable such registered person to declare the taxable supplies
made by him for the period between the date on which he became liable to
registration till the date on which registration has been granted so that ITC
can be availed by the recipient on such supplies, firstly, the registered person
may issue revised tax invoices against the invoices already issued during said
period within 1 month from the date of issuance of certificate of registration
[Section 31(3)(a) read with rule 53 of CGST Rules – Discussed in detail in
Chapter-8: Tax Invoice, Credit and Debit Notes; E-Way Bill]. Further, section
40 provides that registered person shall declare his outward supplies made
during said period in the first return furnished by him after grant of
registration. The format for this return is the same as that for regular return.
First Return
Details of outward
supplies, after
becoming liable to
registration but
before grant of the
certificate of
registration
Details of outward
supplies made in
first tax period
after grant of the
certificate of
registration
RETURNS 10.33
(ii) Annual Return [Section 44 read with rule 80 of the CGST Rules]
(a) Who is required to furnish annual return and what is the due
date for the same?
All registered persons are required to file an annual return
5
. However,
following persons are not required to file the annual return:
(i) Casual taxable persons.
(ii) Non- resident taxable person
(iii) Input service distributors
6
(iv) Persons authorized to deduct/collect tax at source under section
51/52
7
and
(v) Person supplying OIDAR services from outside India to
unregistered persons in India
The annual return for a financial year needs to be filed by 31
st
December of the next financial year.
The due date of filing annual return may be extended by the
Commissioner/Commissioner of State GST/Commissioner of UTGST
for a class of taxable persons by way of a notification.
Every registered person who is required to get his accounts audited
under section 35(5)
8
shall also furnish electronically a copy of audited
annual accounts and a certified reconciliation statement in the
prescribed form along with the annual return. Reconciliation
Statement reconciles the value of supplies declared in the return
furnished for the financial year with the audited annual financial
statement and such other particulars, as may be prescribed.
5
Filing of annual return in respect of financial years 2017-18, 2018-19 and 2019-20 has been made
voluntary for the registered persons whose turnover is less than ` 2 crore and who have not furnished the
said annual return before the due date. This information is given solely for knowledge purpose.
6
The concept of Input Service Distributor will be discussed at the Final Level.
7
The concept of person deducting/collecting tax at source will be discussed at the Final Level.
8
Section 35 contains the provisions relating to accounts and records. Such provisions will be discussed at
the Final Level.
Page 3
10.32 INDIRECT TAXES
5. OTHER RETURNS
(i) First Return [Section 40]
When a person becomes liable to registration after his turnover crosses the
threshold limit, he may apply for registration within 30 days of so becoming
liable. Thus, there might be a time lag between a person becoming liable to
registration and grant of registration certificate.
During the intervening period, such person might have made the outward
supplies, i.e. after becoming liable to registration but before grant of the
certificate of registration.
Now, in order to enable such registered person to declare the taxable supplies
made by him for the period between the date on which he became liable to
registration till the date on which registration has been granted so that ITC
can be availed by the recipient on such supplies, firstly, the registered person
may issue revised tax invoices against the invoices already issued during said
period within 1 month from the date of issuance of certificate of registration
[Section 31(3)(a) read with rule 53 of CGST Rules – Discussed in detail in
Chapter-8: Tax Invoice, Credit and Debit Notes; E-Way Bill]. Further, section
40 provides that registered person shall declare his outward supplies made
during said period in the first return furnished by him after grant of
registration. The format for this return is the same as that for regular return.
First Return
Details of outward
supplies, after
becoming liable to
registration but
before grant of the
certificate of
registration
Details of outward
supplies made in
first tax period
after grant of the
certificate of
registration
RETURNS 10.33
(ii) Annual Return [Section 44 read with rule 80 of the CGST Rules]
(a) Who is required to furnish annual return and what is the due
date for the same?
All registered persons are required to file an annual return
5
. However,
following persons are not required to file the annual return:
(i) Casual taxable persons.
(ii) Non- resident taxable person
(iii) Input service distributors
6
(iv) Persons authorized to deduct/collect tax at source under section
51/52
7
and
(v) Person supplying OIDAR services from outside India to
unregistered persons in India
The annual return for a financial year needs to be filed by 31
st
December of the next financial year.
The due date of filing annual return may be extended by the
Commissioner/Commissioner of State GST/Commissioner of UTGST
for a class of taxable persons by way of a notification.
Every registered person who is required to get his accounts audited
under section 35(5)
8
shall also furnish electronically a copy of audited
annual accounts and a certified reconciliation statement in the
prescribed form along with the annual return. Reconciliation
Statement reconciles the value of supplies declared in the return
furnished for the financial year with the audited annual financial
statement and such other particulars, as may be prescribed.
5
Filing of annual return in respect of financial years 2017-18, 2018-19 and 2019-20 has been made
voluntary for the registered persons whose turnover is less than ` 2 crore and who have not furnished the
said annual return before the due date. This information is given solely for knowledge purpose.
6
The concept of Input Service Distributor will be discussed at the Final Level.
7
The concept of person deducting/collecting tax at source will be discussed at the Final Level.
8
Section 35 contains the provisions relating to accounts and records. Such provisions will be discussed at
the Final Level.
10.34 INDIRECT TAXES
(b) What is the prescribed form for annual return?
The annual return is to be filed electronically in
Form GSTR-9 through the common portal.
Composition scheme supplier: A person paying
tax under composition scheme is required to file
the annual return in Form GSTR-9A.
(iii) Final Return [Section 45 read with rule 81 of the CGST Rules]
(a) Who is required to furnish final return?
Every registered person who is required to
furnish return u/s 39(1) and whose
registration has been surrendered or
cancelled is required to file a final return
electronically in Form GSTR-10 through the
common portal.
(b) What is the time-limit for furnishing final return?
The final return has to be filed within 3 months of the:
(i) date of cancellation
or
(ii) date of order of cancellation
whichever is later.
(iv) Details of inward supplies of persons having UIN [Rule 82 of the
CGST Rules]
(a) When UIN is issued for claiming refund of taxes paid on inward
supplies
Such person shall furnish the details of
the inward supplies of taxable goods
and/or services on which refund of
taxes has been claimed, in Form GSTR-
11, along with application for such
refund claim.
G S T R-9
G S T R-10
Page 4
10.32 INDIRECT TAXES
5. OTHER RETURNS
(i) First Return [Section 40]
When a person becomes liable to registration after his turnover crosses the
threshold limit, he may apply for registration within 30 days of so becoming
liable. Thus, there might be a time lag between a person becoming liable to
registration and grant of registration certificate.
During the intervening period, such person might have made the outward
supplies, i.e. after becoming liable to registration but before grant of the
certificate of registration.
Now, in order to enable such registered person to declare the taxable supplies
made by him for the period between the date on which he became liable to
registration till the date on which registration has been granted so that ITC
can be availed by the recipient on such supplies, firstly, the registered person
may issue revised tax invoices against the invoices already issued during said
period within 1 month from the date of issuance of certificate of registration
[Section 31(3)(a) read with rule 53 of CGST Rules – Discussed in detail in
Chapter-8: Tax Invoice, Credit and Debit Notes; E-Way Bill]. Further, section
40 provides that registered person shall declare his outward supplies made
during said period in the first return furnished by him after grant of
registration. The format for this return is the same as that for regular return.
First Return
Details of outward
supplies, after
becoming liable to
registration but
before grant of the
certificate of
registration
Details of outward
supplies made in
first tax period
after grant of the
certificate of
registration
RETURNS 10.33
(ii) Annual Return [Section 44 read with rule 80 of the CGST Rules]
(a) Who is required to furnish annual return and what is the due
date for the same?
All registered persons are required to file an annual return
5
. However,
following persons are not required to file the annual return:
(i) Casual taxable persons.
(ii) Non- resident taxable person
(iii) Input service distributors
6
(iv) Persons authorized to deduct/collect tax at source under section
51/52
7
and
(v) Person supplying OIDAR services from outside India to
unregistered persons in India
The annual return for a financial year needs to be filed by 31
st
December of the next financial year.
The due date of filing annual return may be extended by the
Commissioner/Commissioner of State GST/Commissioner of UTGST
for a class of taxable persons by way of a notification.
Every registered person who is required to get his accounts audited
under section 35(5)
8
shall also furnish electronically a copy of audited
annual accounts and a certified reconciliation statement in the
prescribed form along with the annual return. Reconciliation
Statement reconciles the value of supplies declared in the return
furnished for the financial year with the audited annual financial
statement and such other particulars, as may be prescribed.
5
Filing of annual return in respect of financial years 2017-18, 2018-19 and 2019-20 has been made
voluntary for the registered persons whose turnover is less than ` 2 crore and who have not furnished the
said annual return before the due date. This information is given solely for knowledge purpose.
6
The concept of Input Service Distributor will be discussed at the Final Level.
7
The concept of person deducting/collecting tax at source will be discussed at the Final Level.
8
Section 35 contains the provisions relating to accounts and records. Such provisions will be discussed at
the Final Level.
10.34 INDIRECT TAXES
(b) What is the prescribed form for annual return?
The annual return is to be filed electronically in
Form GSTR-9 through the common portal.
Composition scheme supplier: A person paying
tax under composition scheme is required to file
the annual return in Form GSTR-9A.
(iii) Final Return [Section 45 read with rule 81 of the CGST Rules]
(a) Who is required to furnish final return?
Every registered person who is required to
furnish return u/s 39(1) and whose
registration has been surrendered or
cancelled is required to file a final return
electronically in Form GSTR-10 through the
common portal.
(b) What is the time-limit for furnishing final return?
The final return has to be filed within 3 months of the:
(i) date of cancellation
or
(ii) date of order of cancellation
whichever is later.
(iv) Details of inward supplies of persons having UIN [Rule 82 of the
CGST Rules]
(a) When UIN is issued for claiming refund of taxes paid on inward
supplies
Such person shall furnish the details of
the inward supplies of taxable goods
and/or services on which refund of
taxes has been claimed, in Form GSTR-
11, along with application for such
refund claim.
G S T R-9
G S T R-10
RETURNS 10.35
(b) When UIN is issued for purposes other than refund of taxes paid
Such person shall furnish the details of inward supplies of taxable goods
and/or services as may be required by the proper officer in Form
GSTR-11.
6. DEFAULT/DELAY IN FURNISHING RETURN
[SECTIONS 46 & 47]
(i) Notice to return defaulters [Section 46 read with rule 68 of the
CGST Rules]
A notice in prescribed form is issued, electronically, to a
registered person who fails to furnish return under section 39
[Normal Return] or section 44 [Annual Return] or section 45
[Final Return] or section 52 [TCS Statement]. The notice
requires the registered person to furnish the return within 15 days.
(ii) Late fees levied for delay in filing return [Section 47]
Delay in filing any of the following by their respective due dates, attracts late
fee:
(A) Statement of Outward Supplies [Section 37]
(B) Returns [Section 39]
(C) Final Return [Section 45]
`100 for every day during
which such failure continues
Quantum of
late fee
`5,000
Page 5
10.32 INDIRECT TAXES
5. OTHER RETURNS
(i) First Return [Section 40]
When a person becomes liable to registration after his turnover crosses the
threshold limit, he may apply for registration within 30 days of so becoming
liable. Thus, there might be a time lag between a person becoming liable to
registration and grant of registration certificate.
During the intervening period, such person might have made the outward
supplies, i.e. after becoming liable to registration but before grant of the
certificate of registration.
Now, in order to enable such registered person to declare the taxable supplies
made by him for the period between the date on which he became liable to
registration till the date on which registration has been granted so that ITC
can be availed by the recipient on such supplies, firstly, the registered person
may issue revised tax invoices against the invoices already issued during said
period within 1 month from the date of issuance of certificate of registration
[Section 31(3)(a) read with rule 53 of CGST Rules – Discussed in detail in
Chapter-8: Tax Invoice, Credit and Debit Notes; E-Way Bill]. Further, section
40 provides that registered person shall declare his outward supplies made
during said period in the first return furnished by him after grant of
registration. The format for this return is the same as that for regular return.
First Return
Details of outward
supplies, after
becoming liable to
registration but
before grant of the
certificate of
registration
Details of outward
supplies made in
first tax period
after grant of the
certificate of
registration
RETURNS 10.33
(ii) Annual Return [Section 44 read with rule 80 of the CGST Rules]
(a) Who is required to furnish annual return and what is the due
date for the same?
All registered persons are required to file an annual return
5
. However,
following persons are not required to file the annual return:
(i) Casual taxable persons.
(ii) Non- resident taxable person
(iii) Input service distributors
6
(iv) Persons authorized to deduct/collect tax at source under section
51/52
7
and
(v) Person supplying OIDAR services from outside India to
unregistered persons in India
The annual return for a financial year needs to be filed by 31
st
December of the next financial year.
The due date of filing annual return may be extended by the
Commissioner/Commissioner of State GST/Commissioner of UTGST
for a class of taxable persons by way of a notification.
Every registered person who is required to get his accounts audited
under section 35(5)
8
shall also furnish electronically a copy of audited
annual accounts and a certified reconciliation statement in the
prescribed form along with the annual return. Reconciliation
Statement reconciles the value of supplies declared in the return
furnished for the financial year with the audited annual financial
statement and such other particulars, as may be prescribed.
5
Filing of annual return in respect of financial years 2017-18, 2018-19 and 2019-20 has been made
voluntary for the registered persons whose turnover is less than ` 2 crore and who have not furnished the
said annual return before the due date. This information is given solely for knowledge purpose.
6
The concept of Input Service Distributor will be discussed at the Final Level.
7
The concept of person deducting/collecting tax at source will be discussed at the Final Level.
8
Section 35 contains the provisions relating to accounts and records. Such provisions will be discussed at
the Final Level.
10.34 INDIRECT TAXES
(b) What is the prescribed form for annual return?
The annual return is to be filed electronically in
Form GSTR-9 through the common portal.
Composition scheme supplier: A person paying
tax under composition scheme is required to file
the annual return in Form GSTR-9A.
(iii) Final Return [Section 45 read with rule 81 of the CGST Rules]
(a) Who is required to furnish final return?
Every registered person who is required to
furnish return u/s 39(1) and whose
registration has been surrendered or
cancelled is required to file a final return
electronically in Form GSTR-10 through the
common portal.
(b) What is the time-limit for furnishing final return?
The final return has to be filed within 3 months of the:
(i) date of cancellation
or
(ii) date of order of cancellation
whichever is later.
(iv) Details of inward supplies of persons having UIN [Rule 82 of the
CGST Rules]
(a) When UIN is issued for claiming refund of taxes paid on inward
supplies
Such person shall furnish the details of
the inward supplies of taxable goods
and/or services on which refund of
taxes has been claimed, in Form GSTR-
11, along with application for such
refund claim.
G S T R-9
G S T R-10
RETURNS 10.35
(b) When UIN is issued for purposes other than refund of taxes paid
Such person shall furnish the details of inward supplies of taxable goods
and/or services as may be required by the proper officer in Form
GSTR-11.
6. DEFAULT/DELAY IN FURNISHING RETURN
[SECTIONS 46 & 47]
(i) Notice to return defaulters [Section 46 read with rule 68 of the
CGST Rules]
A notice in prescribed form is issued, electronically, to a
registered person who fails to furnish return under section 39
[Normal Return] or section 44 [Annual Return] or section 45
[Final Return] or section 52 [TCS Statement]. The notice
requires the registered person to furnish the return within 15 days.
(ii) Late fees levied for delay in filing return [Section 47]
Delay in filing any of the following by their respective due dates, attracts late
fee:
(A) Statement of Outward Supplies [Section 37]
(B) Returns [Section 39]
(C) Final Return [Section 45]
`100 for every day during
which such failure continues
Quantum of
late fee
`5,000
10.36 INDIRECT TAXES
Late fees levied for delay in filing annual return under section 44
A registered person who fails to furnish the annual return under section 44
by the due date is required to pay a late fee as under:
It may be noted that the late fee payable by a registered
person for delayed filing of a return and/or annual return, as
mentioned above, is with reference to only the CGST Act. An
equal amount of late fee would be payable by such person
under the respective SGST/UTGST Act as well.
7. GOODS AND SERVICES TAX PRACTITIONERS
[SECTION 48]
Section 48 provides for the authorisation of an eligible person to act as approved
Goods and Services Tax Practitioner (GSTP). A registered person may authorise
an approved GSTP to furnish information, on his behalf, to the Government. The
manner of approval of GSTPs, their eligibility conditions, duties and obligations,
manner of removal and other conditions relevant for their functioning have been
prescribed in the rules 83, 83A and 84 of the CGST Rules.
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. They can do all the work on behalf of
taxpayers as allowed under GST Law. A taxpayer
may choose a different GSTP by simply
unselecting the previous one and then choosing
a new GSTP on the GST portal.
Standardized formats have been prescribed for making application for enrolment
as GSTP, certificate of enrolment, show cause notice for disqualification, order of
`100 for every day during
which such failure continues
Quantum of
late fee
0.25% of the turnover of
the registered person in the
State/Union Territory
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