Annual Return (GSTR-9) FY 2019-20

As all knows that under GST, it is required to file an Annual Return by a set of notified registered taxpayers for every financial year in form GSTR -9. In this article, we will discuss all about Annual Return applicable for Financial Year 2019-20, more specifically about relaxations and important relevants points applicable for Financial Year 2019-20.

Background

Section 44 of CGST Act 2017 administers the provisions of Annual Return under GST. Sub-section (1) of said section provides that :-

Every registered person, other than following listed, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year.

Following persons, however, not required to file annual return under Section 44 of Act:-

• an Input Service Distributor
• a person paying tax under section 51
• a person paying tax under section 52
• a casual taxable person
• a non-resident taxable person

Above listed categories are specifically excluded from applicability of Section 44 for filing of Annual Return. However, they may be required to file returns in other provisions of Act/Rules. In this article, we are not going through such other provisions.

Exemption given under Rule 80 of CGST Rules 2017

Rule 80(1) provides an exemption to file annual return by the following persons, subject to the condition that their books of account are subject to audit by the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force :-

• any department of the Central Government or
• any department of a State Government or
• any department of a local authority

Turnover based Exemption to registered persons

Because of new law in India, registered persons having aggregate turnover below than Rs 2 Crore are exempted from filing of Annual Return for FY 2019-20. The same exemption was also given for FY 2017-18 and FY 2018-19 too.

For these persons, it is an option to furnish the annual return at any time. It is further provided that, in case, annual return is filed after due date by these persons, it shall be deemed that the return is furnished on the due date. So, there will not be charged any late fee for filing of annual return after due date.

Thus, all Composition dealers are automatically covered under this exemption for FY 2019-20.

Refer CGST Notification No. 47/2019 dated 09/10/2019 read with CGST Notification No. 77/2020 dated 15/10/2020 for this exemption.

Form and Manner of filing of Annual Return

Rule 80 of CGST Rules prescribed the form and manner to furnish Annual return by registered persons (Regular vis-a-vis Composition Tax payers).

In case of Composition Dealers, Annual Return is required to file in Form GSTR-9A

In case of Regular Dealers, Form for Annual Return is notified as FORM GSTR-9.

Requirement of GSTR-9C along with GSTR-9

Section 44(3) of CGST Act 2017 provides that a person who is required to get his accounts audited shall furnish the annual return along with a copy of the audited annual accounts and a reconciliation statement.

Rule 80(3) provides that said reconciliation statement shall be furnished in Form GSTR-9C duly certified by a Chartered Accountant or a Cost Accountant.

For FY 2019-20, GSTR-9C is required to be furnished only by those persons whose aggregate turnover exceeds five crore rupees.

Due date for Filing of Annual Return

As per law, GSTR-9 was required to be filed by 31st December 2020.

On the demand of industry participants. said due date is extended upto 28th February 2021 through CGST Notification No. 95/2020 dated 30/12/2020.

The due date for filing GSTR-9 has been further extended till 31st March 2021 vide CGST Notification 04/2021 dated 28/02/2021.

Important Relevant points and Relaxations given for FORM GSTR-9 for FY 2019-20

• It is mandatory to file all FORM GSTR-1 and FORM GSTR-3B for the Financial Year for which the return is being filed for before filing this return.
• In the Table, against serial numbers 4, 5, 6 and 7 (i.e. for Sales, Output Tax and ITC), the taxpayers shall report the values pertaining to the financial year only. The value pertaining to the preceding financial year shall not be reported here.
• Any additional liability for the FY 2019-20 not declared in FORM GSTR-1 and FORM GSTR-3B may be declared in this return. However, taxpayers cannot claim input tax credit through this return.
• In Part III for reporting of Input Tax Credits, it is compulsory to report ITC in respect of Capital Goods in specified row of “Capital Goods”. However, in respect of Inputs and Input Services, ITC may be reported in clubbed manner in “inputs” row.
• Table 8A : For FY 2019-20, it may be noted that the details from FORM GSTR-2A generated as on the 1st November, 2020 shall be auto-populated in table 8A.
• Table 13 : Details of ITC for goods or services received in FY 2019-20, but ITC for the same was availed in returns filed for the months of April 2020 to September 2020 shall be declared here. However, any ITC which was reversed in the FY 2019-20 as per second proviso to sub-section (2) of section 16 but was reclaimed in FY 2020-21, the details of such ITC reclaimed shall be furnished in the annual return for FY 2020-21.

Relaxations in respect of Part II (Sales and Output Tax)

Table 4(I) : Credit Notes issued in respect of transactions specified in 4(B) to 4(E)

The registered person shall have an option to fill Table 4B to Table 4E net of credit notes in case there is any difficulty in reporting such details separately in this table.

Table 4(J) : Debit Notes issued in respect of transactions specified in 4(B) to 4(E)

The registered person shall have an option to fill Table 4B to Table 4E net of debit notes in case there is any difficulty in reporting such details separately in this table.

Table 4(K) & 4(L) : Supplies / tax declared or reduced through Amendments

The registered person shall have an option to fill Table 4B to Table 4E net of amendments in case there is any difficulty in reporting such details separately in this table.

Table 5D, 5E and 5F : Exempted Supplies, Nil Rated Supplies, Non-GST supply (includes no supply‘)

The registered person shall have an option to either separately report his supplies as exempted, nil rated and Non-GST supply or report consolidated information for all these three heads in the exempted row only.

Table 5H : Credit Notes issued in respect of transactions specified in Table 5A to 5F

The registered person shall have an option to fill Table 5A to 5F net of credit notes in case there is any difficulty in reporting such details separately in this table.

Table 5I : Debit Notes issued in respect of transactions specified in Table 5A to 5F

The registered person shall have an option to fill Table 5A to 5F net of debit notes in case there is any difficulty in reporting such details separately in this table.

Table 5J & 5K : Supplies / tax declared or reduced through Amendments in respect of items in Table 5A and 5B

The registered person shall have an option to fill Table 5A to Table 5B net of amendments in case there is any difficulty in reporting such details separately in this table.

Relaxations in respect of Part III (Input Tax Credit)

Table 6B : Inward supplies (other than imports and inward supplies liable to reverse charge but includes services received from SEZs)

As per return form, ITC in respect of subjected supplies shall be reported separately in respect of Inputs, Capital Goods and Input Services.

In respect of Financial Year 2019-20, the registered person shall report the breakup of input tax credit as capital goods and have an option to either report the breakup of the remaining amount as inputs and input services or report the entire remaining amount under the “inputs” row only.

Table 6C: Inward supplies received from unregistered persons liable to reverse charge (other than Table B above) on which tax is paid & ITC availed

As per return form, ITC in respect of subjected supplies shall be reported separately in respect of Inputs, Capital Goods and Input Services.

In respect of FY 2019-20, the registered person shall report the breakup of input tax credit as capital goods and have an option to either report the breakup of the remaining amount as inputs and input services or report the entire remaining amount under the “inputs” row only.

Further, ITC as referred in Table 6C, may be reported by consolidating it in Table 6D.

Table 6D : Inward supplies received from registered persons liable to reverse charge (other than B above) on which tax is paid and ITC availed

As per return form, ITC in respect of subjected supplies shall be reported separately in respect of Inputs, Capital Goods and Input Services.

n respect of FY 2019-20, the registered person shall report the breakup of input tax credit as capital goods and have an option to either report the breakup of the remaining amount as inputs and input services or report the entire remaining amount under the “inputs” row only.

Further, ITC as referred in Table 6C, may be reported by consolidating it in Table 6D.

Table 6E : Import of goods (including supplies from SEZs)

As per return form, ITC in respect of subjected supplies shall be reported separately in respect of Inputs and Capital Goods.

For this Table, relaxation has been removed for FY 2019-20. So, it is mandatory to report values in separate rows as per given form. 

Table 7A to 7H : Details of ITC Reversed and Ineligible ITC for the financial year

As per return form, detail of ITC reversal shall be reported separately in respect of Rule 37, Rule 39, Rule 42,Rule 43, Section 17(5), Reversal of TRAN-I credit, Reversal of TRAN-II credit, Other reversals (pl. specify)

For FY 2019-20, the registered person shall have an option to either fill his information on reversals separately in Table 7A to 7E or report the entire amount of reversal under Table 7H only.

However, reversals on account of TRAN-1 credit (Table 7F) and TRAN-2 (Table 7G) are to be mandatorily reported as per given form.

Relaxations for Part-V Transactions reported in next year

Table 12 Reversal of ITC availed during previous financial year

For FY 2019-2020, the registered person shall have an option to not fill this table.

Table 13 ITC availed for the previous financial year

For FY 2019-2020, the registered person shall have an option to not fill this table.

Relaxations for Part-VI Other Information

For FY 2019-2020, the registered person shall have an option to not fill the details as required in Table 15, 16, 17 and 18.

Table 15  : Particulars of Demands and Refunds

Table 16 : Information on supplies received from composition taxpayers, deemed supply under section 143 and goods sent on approval basis

Table 17 : HSN Wise Summary of outward supplies

Table 18 : HSN Wise Summary of Inward supplies

Relaxations for form GSTR-9 for FY 2019-20 were notified through Notification No. 79/2020 dated 15/10/2020.