Understanding GSTR-9 and GSTR-9C under GST Section 44

Understanding GSTR-9 and GSTR-9C under GST Section 44

  • What are GSTR-9 and GSTR-9C?

GSTR-9: This is an annual return that all regular taxpayers registered under GST must file. It consolidates details of all monthly/quarterly returns (GSTR-1, GSTR-3B) filed during the financial year, covering sales, purchases, tax paid, and input tax credit (ITC) claimed.

GSTR-9C: This is a reconciliation statement and audit report required to be filed by taxpayers whose aggregate turnover exceeds ?5 crore in a financial year. It is essentially a self-certified reconciliation of the financial statements with the annual return (GSTR-9).

  • Applicability as per Section 44 of the CGST Act

GSTR-9: Mandatory for all taxpayers whose annual turnover exceeds ?2 crore. However, taxpayers with turnover up to ?2 crore have been exempted from filing GSTR-9 for the financial years 2017-18 to 2023-24 as per various notifications:

Notification No. 14/2024 - Central Tax, dt. 10.07.2024

Seeks to exempt the registered person whose aggregate turnover in the financial year 2023-24 is up to two crore rupees, from filing annual return for the said financial year

Notification No.32/2023-Central Tax, dt. 31.07.2023

Seeks to exempt the registered person whose aggregate turnover in the financial year 2022-23 is up to two crore rupees, from filing annual return for the said financial year

Notification No.10/2022-Central Tax, dt. 05.07.2022

Seeks to exempt taxpayers having AATO upto Rs. 2 crores from the requirement of furnishing annual return for FY 2021-22

Notification No.31/2021-Central Tax, dt. 30.07.2021

Seeks to exempt taxpayers having AATO upto Rs. 2 crores from the requirement of furnishing annual return for FY 2020-21.

Notification No.77/2020-Central Tax, dt. 15.10.2020

Seeks to make filing of annual return under section 44 (1) of CGST Act for F.Y. 2019-20 optional for small taxpayers whose aggregate turnover is less than Rs 2 crores and who have not filed the said return before the due date.

Notification No.47/2019-Central Tax, dt. 09.10.2019

Seeks to make filing of annual return under section 44 (1) of CGST Act for F.Y. 2017-18 and 2018-19 optional for small taxpayers whose aggregate turnover is less than Rs 2 crores and who have not filed the said return before the due date.

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GSTR-9C: Applicable only if the aggregate turnover exceeds ?5 crore in a financial year. This form requires a self-certified reconciliation statement to be submitted along with GSTR-9.

  • Importance of Filing GSTR-9 and GSTR-9C

Ensuring Compliance: Filing these returns helps taxpayers stay compliant with GST laws, reducing the chances of audits and scrutiny by tax authorities.

Reconciliation of Data: These forms ensure accurate reconciliation of the sales, purchases, and taxes declared throughout the year, minimizing errors.

Avoiding Legal Issues: Timely filing helps avoid penalties and maintains a good compliance rating, which is beneficial for business credibility.

  • Penalties for Non-Filing

Failure to file attracts a late fee of ?200 per day (?100 CGST + ?100 SGST), subject to a maximum of 0.25% of the taxpayer's turnover in the state or union territory.

Both GSTR-9 and GSTR-9C are critical for ensuring transparency and compliance under GST. Taxpayers should prioritize filing these annual returns accurately and on time to avoid penalties and safeguard their business reputation.

Need assistance with GST compliance? Connect with Adv. Prakash Patil of HIRA Associates for expert guidance and support. Call 9833229199 or [email protected] today to ensure your GST returns are filed accurately and on time! ????

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