GSTR 9 clause by clause analysis

Mitul Thakkar , Last updated: 03 July 2019
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What is Annual Return (GSTR 9)

GSTR 9 is an annual return to be filed yearly by taxpayers registered under GST
Basically, it is a consolidation of all the monthly/quarterly returns i.e. GSTR-1, GSTR-2A, GSTR-3B filed in that year.
It is little bit complex but it helps in extensive reconciliation of data for transparent disclosures.

Who should file the annual return?

All taxpayers registered under GST must file their GSTR 9. Except

Taxpayers opting composition scheme (They must file GSTR-9A)
Casual Taxable Person (CTP)
Input service distributors (ISD)
Non-resident taxable persons (NRTP)
Persons paying TDS under section 51 of CGST Act.

There are 4 types of annual returns:

GSTR 9:	GSTR 9 should be filed by the regular taxpayers who are filing GSTR 1, and GSTR 3B
GSTR 9A	GSTR 9A should be filed by the persons registered under the composition scheme of GST
GSTR 9B	GSTR 9B should be filed by the e-commerce operators who have filed GSTR 8 during the financial year.
GSTR 9C	Registered person whose aggregate turnover during a financial year exceeds 2 crores rupees would need to get his accounts audited.

Due Dates:

Generally GSTR-9 is to be filed on or before the 31st of December of the subsequent financial year. However for FY 2017-18 the due date for filing GSTR-9, GSTR-9A, and GSTR-9C has been extended till 31 August 2019. (Official notification can be made anytime soon)

Penalty for the late filing of GSTR-9

The late fees for not filing within the due date is lower of the following

Rs 100 SGST and Rs.100 CGST (Effectively Rs.200 per day)
2.5% of the turnover in the relevant state or union territory

Details required to be filled in the GSTR-9

The GSTR-9 Consist of 6 parts and 19 sections as discussed below

Part I (Table 1-3)	This is for basic details such as financial year, GSTIN of the taxpayer, legal and trade names. (These details are auto-populated).
Part II (Table 4-5)	Here, the taxpayers have to provide details of outward and inward supplies declared in GSTR-1's and GSTR-3Bs filed in that year.
Part III (Table 6-8)	This section deals with the Input Tax Credit (ITC) as declared in returns filed during the FY. Details of the ITC reversed and ineligible ITC as declared in individual returns has to be entered in the section as well. A few of these details will be picked up from the GST returns already filed. For example: Information available in GSTR-2A as on 01.05.2019 will be auto- populated in Table 8A of GSTR-9.
Part IV (Table 9)	In this section, details of relevant taxes already paid and declared in returns filed during the FY has to be entered.
Part V (Table 10-14)	This part asks for details of the transaction that are related to the relevant FY, declared in the returns of the next financial year i.e. transaction of FY 2017-18 declared in FY 2018-19 Additional or omitted entries belonging to the previous year, but reported in the current year should be declared here as well.
Part VI (Table 15-19)	All other information has to be reported here. This could include GST demand and refund details Late fees paid/payable HSN-wise summary of outward and inward supplies Supplies received from composition taxpayers Deemed supply goods sent on approval basis

The source of data for preparing GSTR-9 will be GSTR-1 and GSTR-3B that are already filed. Also, the data as per the books of accounts matters.

Therefore, all information must be cross-checked with the books of accounts before it is declared in the annual return.

Important: The information declared in the annual returns has multiple implications. Any incorrect information can attract notices, tax demands, interest and penalties and much more. Please check the details filled in before filing as GST Annual return once filed, cannot be revised.

Some important point to be kept in mind

1. The Ministry of Finance has clarified that the auto-population of data is for easy filing. However, the taxpayers have to report the data as per their books of accounts or GST returns filed during the financial year.

2. Any payments made through FORM DRC-03 for any supplies relating to FY 2017-18 will not be accounted for in FORM GSTR-9 but shall be reported during reconciliation in FORM GSTR-9C.

3. The annual return needs to be filed even if the taxpayer has got his registration canceled during the said financial year.

4. You must reconcile GSTR-2A for FY 2017-18 data with the ITC accounted in your books of accounts till March 2019 pertaining to FY 2017-18 data before filing GSTR-9.

Part I	Basic Details	Analysis
1	Financial Year	The details of the FY for which the annual return is being filled is required to be mentioned here. For the first year of GST details would be punched from July 1, 2017 to March 31, 2018.
2	GSTIN	Since, the annual return is to be filled separately for all the registrations under same PAN, the GSTIN of the specific unit is to be provided.
3A	Legal Name	The legal name under which the business activities are being carried out. The trade name may differ from the legal.
3B	Trade Name (if any)