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GST integrated indirect tax: A Quick Compliance Commitment

pawan kumar singh 
on 15 December 2017

LinkedIn


(A Quick Compliance Commitment)

(Short summary of GST forms, returns, due date with extension, late filling with interest & penalty, recent updates of GST council meetings and a quick guidance for filling returns)

Introduction- 

France was the first country to implement GST in the year 1954 within 62 years of its invent about 160 countries across the world adopted GST.

Goods and service tax is a single indirect tax levied on the supply of goods and services from the manufacturer to the consumer. Input tax credits paid at each stage will be made available in the following stage of value addition. GST is basically a tax levied on value addition at each stage. Therefore, the consumer has to pay only the GST charged by the last dealer or supplier in the supply chain.

All individuals registered under the GST Act have to furnish the details of the sales and purchases of goods and services along with the tax collected and paid. This can be done by filing online returns. GST Returns are the Goods and Services Tax Return forms that taxpayers of all types have to file with the income tax authorities of India under the new GST rules.

Implementation of a comprehensive Indirect Tax system like GST in India will ensure that taxpayer services such as registration, returns, and compliance are transparent and straightforward. Individual taxpayers are using forms for filing their returns such as the return for supplies, return for purchases, monthly returns, and annual return. Small taxpayers who have opted for composition scheme have to file quarterly returns. All filing of returns are online.

Goods and Services Tax (GST) Forms for Registration & Cancellation

Sr. No

Form Number

Description

1.

REG-1

Registration Application u/s 19(1) GST Act, 20

2.

REG-2

Acknowledgement

3.

REG-3

Information regarding Registration / Amendments / Cancellation Notice

4.

REG-4

Filing application for clarification Registration / Amendment / Cancellation / Revocation of Cancellation

5.

REG-5

Order application for rejection for Registration / Amendment / Cancellation / Revocation of Cancellation

6.

REG-6

Issued registration certificate u/s 19(8A) of the GST Act, 20

7.

REG-7

Application for Registration as TDS or TCS u/s 19(1) of the GST Act, 20

8.

REG-8

Order of Cancellation of Application for Registration as TDS /TCS u/s 21 of the GST Act

9.

REG-9

Non-Resident Taxable Person Application for Registration

10.

REG-10

Person supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered person Application for registration

11.

REG-11

Amendment in Particulars subsequent to Registration Application

12.

REG-12

Temporary Registration/ Suo Moto Registration Order of Grant

13.

REG-13

Grant of Unique Identity Number (UIN) to UN Bodies/ Embassies /others Application/Form

14.

REG-14

Application for Cancellation of Registration under GST 20

15.

REG-15

Amendment Order

16.

REG-16

Cancellation of Registration Application

17.

REG-17

Cancellation of Registration Show Cause Notice

18.

REG-18

Show Cause Notice issued for Cancellation Reply

19.

REG-19

Cancellation of Registration Order

20.

REG-20

Dropping the proceedings for cancellation of registration Order

21.

REG-21

Revocation of Cancellation of Registration Application

22.

REG-22

Order for revocation of cancellation of registration

23.

REG-23

Show Cause Notice for rejection of application for revocation of cancellation of registration

24.

REG-24

Reply to the notice for rejection of application for revocation of cancellation of registration

25.

REG-25

Provisional Registration Certificate

26.

REG-26

Existing Taxpayer Application Enrolment

27

REG-27

28

REG-28

Provisional registration Order Cancellation

29.

REG-29

Provisional registration Application cancellation

30  

REG-30

Field Visit Report Form


Due dates for All GST Returns            

These returns are as per the GST Act:-

Return Form

By  Whom

Particulars

Frequency

Due Date

GSTR-1

Regular Dealer

Details of outward supplies of taxable goods and/or services effected

Monthly

10th of the next month

GSTR-2

Regular Dealer

Details of inward supplies of taxable goods and/or services effected claiming input tax credit.

Monthly

15th of the next month

GSTR-3

Regular Dealer

Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax.

Monthly

20th of the next month

GSTR-3B

Regular Dealer

Simple return for Jul 2017- Mar 2018

Monthly

20th of the next month

GSTR-4

Composite Tax Payer

Return for compounding taxable person

Quarterly

18th of the month succeeding quarter

GSTR-5

Foreign Non-Resident Taxpayer

Furnish details of imports, outward supplies, ITC availed, tax paid, and closing stock

Monthly

20th of the next month

GSTR-6

Input Service Distributor

Furnish the details of input credit distributed

Monthly

13th of the next month

GSTR-7

Return for authorities deducting tax at source.

Furnish the details of TDS deducted

Monthly

10th of the next month

GSTR-8

E-commerce

Details of supplies effected through e-commerce operator and the amount of tax collected on supplies

Monthly

10th of the next month

GSTR-9

Regular Dealer

Annual Return

Annually

31st December of next financial year

GSTR-9A

Composite Tax Payer

Annual Return

Monthly

31st December of next financial year

GSTR-10

For taxable person whose registration has been surrendered or cancelled

Final Return

Once. When registration is cancelled or surrendered

Within three months of the date of cancellation or date of cancellation order, whichever is later

GSTR-11

Specialized agency of the United Nations Organisation or any multilateral Financial Institution and notified United Nations Bodies, Consulate or Embassy of foreign countries

Details of inward supplies to be furnished by a person having UIN and claiming refund

Monthly

28th of the month following the month for which statement is filed


Late filing

Return filing is mandatory under GST. Even if there is no transaction, you must file a nil return.

  • You cannot file a return if you don’t file previous month/quarter’s return.
  • Hence, late filing of GST return will have a cascading effect leading to heavy fines and penalty.

Late fee & Interest

  • Interest is 18% per annum. It has to be calculated by the tax payer on the amount of outstanding tax to be paid. Time period will be from the next day of filing to the date of payment.
  • Late fee is Rs. 100 per day per Act. So it is 100 under CGST & 100 under SGST. Total will be Rs. 200/day. Maximum is Rs. 5,000. There is no late fee on IGST.
  • For delayed filing of NIL returns, late fee reduced from Rs 200 per day to Rs 20 per day.
  • Late fees for GSTR-3B of July, Aug and Sept waived. Any late fees paid for these months will be credited back in Electronic Cash Ledger under ‘Tax’ and can be utilized to make GST payments.

Some other important forms:

Sr. No

Form Number

Description

1.

TRP-1

Application for enrolment as Tax return preparer

2.

TRP-2

Enrolment certificate as Tax return preparer

3.

TRP-3

Show cause to as Tax return preparer

4.

TRP-4

Order of cancelling enrolment as Tax return preparer

5.

TRP-5

List of Tax return preparers

6.

TRP-6

Consent of taxable person to Tax return preparer

7.

TRP-7

Withdrawal of authorization to tax return preparer

8.

9A

Audit Report

9.

ITC-1A

ITC Mismatch Report


Goods and Services Tax (GST) Forms for Composition

Sr. No

Form Number

Description

1.

CMP-01

Notification for the payment of taxes under section 10 (composition scheme)
(Concerning taxpayers registered under the present regime migrate on the elected day)

2.

CMP-02

Notification for the payment of taxes under section 10 (composition scheme)
(Concerning Taxpayers registered under the Act)

3.

CMP-03

Notification of stock details from the date of opting composition scheme
(Concerning taxpayers registered under the present regime migrate on the elected day)

4.

CMP-04

Notification/ Application to opt out from the composition scheme

5.

CMP-04

Notification of denial option for the payment of tax under composition scheme

6.

CMP-06

Responding to the notification to show cause

7.

CMP-07

Reply order to accept or reject concerning show cause notice


Goods and Services Tax (GST) Forms for Challan

Sr. No

Form Number

Description

1.

PMT-1

Electronic Liability Register of registered person (Part–I: Return related liabilities)
Electronic Liability Register of taxable person (Part–II: Other than return related liabilities)

2.

PMT-2

Electronic Credit Ledger

3.

PMT-3

Order for re-credit of the amount to cash or credit ledger on rejection of refund claim

4.

PMT-4

Application for intimation of discrepancy in Electronic Credit Ledger/Cash Ledger/Liability Register

5.

PMT-5

Electronic Cash Ledger

6.

PMT-6

Challan For Deposit of Goods and Services Tax

7.

PMT-7

Application for intimating discrepancy in making payment


Goods and Services Tax (GST) Refund Forms (Centre)

Sr. No

Form Number

Description

1.

RFD-1

Refund Application form

2.

RFD-2

Acknowledgement

3.

RFD-3

Notice of Deficiency on Application for Refund

4.

RFD-4

Provisional Refund Sanction Order

5.

RFD-5

Refund Sanction/Rejection Order

6.

RFD-6

Order for Complete adjustment of claimed Refund

7.

RFD-7

Show cause notice for reject of refund application

8.

RFD-8

Payment Advice

9.

RFD-9

Order for Interest on delayed refunds

10.

RFD-10

Refund application form for Embassy/International Organizations


Goods and Services Tax (GST) Refund Forms (State)

Sr. No

Form Number

Description

1.

RFD-04

Provisional Refund Order

2.

RFD-05

Refund Sanction/Rejection Order

3.

RFD-06

Order for Complete adjustment of claimed Refund

4.

RFD-08

Payment Advice

5.

RFD-09

Order for Interest on delayed Refunds


Changes Made in GST Council Meeting 6th Oct 2017

1-Registration Limit in GST is 20 lacs for Both Local and Interstate Sales

2- File Quarterly GST Returns 1, 2, 3

3- Composition Dealer Turnover Limit Raised

4-Option to Avail Composition Scheme

Example-Normal Dealer opts for Composition Scheme by 20 Nov 2017 He will file Composition Dealer Return and Tax starting from 1 Dec 2017.

5- Reverse Charge to Unregistered Dealer suspended till 31.3.2018

6- No GST on Advance Received for Small Business

7- Other Changes

1. E-WAY BILL Concept of E-Way Bill to be Introduced in Staggered Manner starting from 1 Jan 2018 There will be different dates for its launch in different states In Whole of India, it will be launched by 1 April 2018

2. TDS TCS IN GST TDS TCS in GST will also be differed to 1 April 2018

Latest Update:-

23rd GST Council Meet on 10th November 2017

  • GSTR-3B has been extended to March 2018
  • All businesses to file GSTR-3B by 20th of next month till March 2018.
  • All businesses to file GSTR-1 and GSTR-3B till March 2018.
  • GSTR-2 and GSTR-3filing dates for July 2017 to March 2018 will be worked out later by a Committee of Officers
  • Turnover under Rs 1.5 Cr to file quarterly GSTR-1
  • Turnover above Rs 1.5 Cr to file monthly GSTR-1

GSTR-1 due dates

For turnover up to Rs 1.5 crore

Period (Quarterly)

Due dates

July- Sept

31st Dec 2017

Oct- Dec

15th Feb 2018

Jan- Mar

30th April 2018


For turnover of more than Rs 1.5 crore

Period

Dates

July to Oct

31st Dec 2017

Nov

10th Jan 2018

Dec

10th Feb 2018

Jan

10th Mar 2018

Feb

10th Apr 2018

March

10th May 2018


Timelines for filing of GSTR-2 and GSTR-3 for July to March 2018 to be worked out by Committee of Officers. However, subsequent month filing of GSTR-1 will not be impacted.

Others GSTR filing extensions

Return

Revised Due Date

Old Due Date

GSTR-5 (for Non Resident)

15th Dec 2017

Earlier of 20th August 2017 or 7 days from date of registration

GSTR-4 (for Composition Dealers)

24th Dec 2017

18th October 2017

GSTR-6 (for Input Service Distributor)

31st Dec 2017

13th August 2017


Due dates of filing GSTR-3B

Month

Last Date for filing GSTR-3B

August 2017

20th September 2017

September 2017

20th October 2017

October 2017

20th  November 2017

November 2017

20th  December 2017

December 2017

20th  January 2018

January 2018

20th  February 2018

February 2018

20th  March 2018

March 2018

20th  April 2018


Tax liability of GSTR-3B must be paid by the last date of filing for that month.

How to File GST Returns Online?

From manufacturers and suppliers to dealers and consumers, all taxpayers have to file their tax returns with the GST department every year. Under the new GST regime, filing tax returns has become automated. GST returns can be filed online using the software or apps provided by Goods and Service Tax Network (GSTN) which will auto-populate the details on each GSTR forms. Listed below are the steps for filing GST returns online:

  • Visit the GST portal (www.gst.gov.in).
  • A 15-digit GST identification number will be issued based on your state code and PAN number.
  • Upload invoices on the GST portal or the software. An invoice reference number will be issued against each invoice.
  • After uploading invoices, outward return, inward return, and cumulative monthly return have to be filed online. If there are any errors, you have the option to correct it and refill the returns.
  • File the outward supply returns in GSTR-1 form through the information section at the GST Common Portal (GSTN) on or before 10th of the following month.
  • Details of outward supplies furnished by the supplier will be made available in GSTR-2A to the recipient.
  • Recipient has to verify, validate, and modify the details of outward supplies, and also file details of credit or debit notes.
  • Recipient has to furnish the details of inward supplies of taxable goods and services in GSTR-2 form.
  • The supplier can either accept or reject the modifications of the details of inward supplies made available by the recipient in GSTR-1A.

File GST return with GSTN

The Goods and Service Tax Network will store information of all GST registered sellers and buyers, combine the submitted details, and maintain registers for future reference. Companies have to file 3 monthly returns every 3 months and one annual return in a financial year (37 returns in total). GSTN has launched a simple excel based template to make filing of returns easier for businesses. This excel workbook can be downloaded from the GST common portal free of charge. Taxpayers can use this template to collate invoice data on a regular basis. The details of inward and outward supplies can be uploaded on the GST portal on or before the due date. The data preparation can be done offline. Only while uploading the prepared file on the GST portal will the taxpayer need Internet.

Source:Goods and service tax Act and GST council meeting reports

The author can also be reached at pawan.singh693@gmail.com


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