Returns- 2 | Taxation for CA Intermediate PDF Download

 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