Initially Form GSTR-9 was declared vide notification number 39/2018-CT, dated 04.09.2018. The heading of Pt-II of GSTR-9 reads as follows: –
Details of Outward and inward supplies declared during the financial year
Instruction no.22 to Form GSTR-9 reads as follows: –
Part II consists of the details of all outward supplies & advances received during the financial year for which the annual return is filed. The details filled in Part II is a consolidation of all the supplies declared by the taxpayer in the returns filed during the financial year.
The Form GSTR-9 is amended vide notification number 74/2018-CT dated 31 Dec 2018. The revised heading of Pt-II of revised GSTR-9 reads as follows: –
Details of Outward and inward supplies made during the financial year
Instruction no.3 & 4 to revised Form GSTR-9 reads as follows: –
- It may be noted that additional liability for the FY 2017-18 not declared in FORM GSTR-1 and FORM GSTR-3B may be declared in this return. However, taxpayers cannot claim input tax credit unclaimed during FY 2017-18 through this return.
4. Part II consists of the details of all outward supplies & advances received during the financial year for which the annual return is filed. It may be noted that all the supplies for which payment has been made through FORM GSTR-3B between July 2017 to March 2018 shall be declared in this part. The instructions to fill Part II are as follows:
It appears from the above that there is a conflict between instruction number 3 & 4 of GSTR-9. Instruction number 3 provides that additional liability not declared in Form GSTR-1 and GSTR-3B may be declared in this return whereas instruction number 4 provides that all the supplies for which payment has been made through Form GSTR-3B between July 2017 to March 2018 shall be declared in Pt-II.
FAQ No.1: – Whether Annual Return is to be prepared on the basis of Audited Books of Accounts or on the basis of GSTR-1 & GSTR-3B
The annual return will be prepared on the basis of audited books of accounts. This school of thought also relies on the instruction number 3 of revised GSTR-9 which says that additional liability for the FY 2017-18 not declared in FORM GSTR-1 and FORM GSTR-3B may be declared in this return.
Existing format of GSTR-9 will be prepared on the basis of GSTR-1 and GSTR-3B filed upto 30 Sept. following the end of FY to which annual return pertains. Relevance of field number 4K, 4L, 5J, 5L, 10 & 11 of annual return would be filled up as follows :
Field No. | Description of Fields |
4K | Supplies declared through Amendments (+) during the FY pertaining to transactions on which tax is payable |
4L | Supplies reduced through Amendments (+) during the FY pertaining to transactions on which tax is payable |
5J | Supplies declared through Amendments (+) during the FY pertaining to transactions on which tax is not payable |
5L | Supplies reduced through Amendments (+) during the FY pertaining to transactions on which tax is not payable |
10 | Supplies / tax declared through Amendments (+) (net of debit notes) during April to Sep subsequent to FY to which Annual returns pertains |
11 | Supplies / tax reduced through Amendments (-) (net of credit notes) during April to Sep subsequent to FY to which Annual returns pertains |
FAQ No.2–Pt-V of GSTR-9
Pt-V of GSTR-9 requires the following details: –
Heading: – Particulars of the transactions for the previous FY declared in returns of April to September of current FY or upto date of filing of annual return of previous FY whichever is earlier
Sr. No. | Description | Taxable Value | Central Tax | State Tax/UT Tax | Integrated Tax | Cess |
10 | Supplies / tax declared through Amendments (+) (net of debit notes) | |||||
11 | Supplies / tax reduced through Amendments (-) (net of credit notes) | |||||
12 | Reversal of ITC availed during previous financial year | |||||
13 | ITC availed for the previous financial year |
Annual turnover as declared in the Annual Return (GSTR 9) shall be declared here. This turnover may be derived from Sr. No. 5N, 10 and 11 of Annual Return (GSTR 9).
It is evident from the above that field 5Q of GSTR-9C also takes into consideration field number 10 & 11 of GSTR-
A ) In view of the above, the following question arises: –
(i) A transaction of outward supply pertaining to FY 2017-18 omitted from GSTR-1 and GSTR-3B of FY 2017-18. The same was reported in April 18 GSTR-1 and liability also discharged vide GSTR-3B of April 2018. Whether the same will be reported in field number 4 of GSTR-9 along with field number 10 or only in field number 10. If the same would be included in both fields i.e. field number 4 of GSTR-9 along with field number 10 then turnover with respect to same will be counted twice.
(ii) A transaction of outward supply pertaining to FY 2017-18 omitted from GSTR-3B of FY 2017-18 however reported in GSTR-1 of March 18. The liability with respect to same was discharged vide GSTR-3B of April 2018. Whether the same will be reported in field number 10 of GSTR-9. If the answer is yes then in GSTR-9C, turnover with respect to said transaction will be counted twice i.e. taxable value already included in field number 4 and again included in field number 10.
(iii) Reverse charge liability of Rs.1800 on taxable value of Rs.10,000 pertaining to 2017-18 discharged during April 2018. As per instruction to field number 5Q to GSTR-9C, the said taxable value also become part of turnover as per GSTR-9. Whether the same will become reconciliation item.
Conclusion
The last date for filing GSTR-9 is 30 June 2019 for 2017-18. It is expected that government will come out with a suitable circular/amendment very soon to address the issues of various stakeholders.