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GSTR 9 and 9C filing related query

Mayur (Business Owner) (185 Points)

07 November 2019

Do we still need to file GSTR9 and 9C if our firm's annual turnover is less than 2 crores but we have not registered under MSME act??

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10 Replies

prasad Nilugal ( GST Practitioner & Accounts ) (14167 Points)
Replied 07 November 2019

you have mentioned 9C and 9C is applicable when turnover is more 2 crore .

For more than 2 crore GSTR 9 / 9C is compulsory please refer Notification 47 / 2019 dt 9/10/2019 if you regular Tax payer

you query is contradictory please check

1 Like

Mayur (Business Owner) (185 Points)
Replied 07 November 2019

Originally posted by : prasad Nilugal
	you have mentioned 9C and 9C is applicable when turnover is more 2 crore . For more than 2 crore GSTR 9 / 9C is compulsory please refer Notification 47 / 2019 dt 9/10/2019 if you regular Tax payer you query is contradictory please check

Hello Prasad,

What I am trying to understand is that our annual turnover is less than 2 Cr. and we are not registered under MSME Act. Do we need to file GSTR9 and GSTR9C?

Surjeet Negi (947 Points)
Replied 07 November 2019

The Council’s decision to make annual return GSTR-9C) optional for taxpayers with turnover up to Rs 2 crore.

I understand that your query regarding registration under MSME to avail the option. However there is nothing mentioned regarding registration , hence the consideration is for those small taxpayers whose aggregate turnover in FY doesn't exceed 2cr and who have not filed the annual return. notification no.47/2019 CT dt 9 Oct 2019.

1 Like

Mayur (Business Owner) (185 Points)
Replied 07 November 2019

Originally posted by : Surjeet Negi
	The Council’s decision to make annual return GSTR-9C) optional for taxpayers with turnover up to Rs 2 crore.I understand that your query regarding registration under MSME to avail the option. However there is nothing mentioned regarding registration , hence the consideration is for those small taxpayers whose aggregate turnover in FY doesn't exceed 2cr and who have not filed the annual return. notification no.47/2019 CT dt 9 Oct 2019.

Thanks a ton, Surjeet! That's exactly what I wanted to know. Cheers!

Thanks for the help, Prasad!

Shivam RC (Student) (23683 Points)
Replied 07 November 2019

As per the Provision of 44(1) of the CGST Act 2017, Every Registered Person is required to file an "ANNUAL RETURN" in FORM GSTR-9 within 31st December of the following year, irrespective of any turnover limit. Hence filing of GST ANNUAL RETURN is "Mandatory" for all persons ( " except few like ISD, TDS Deductor u/s 51, TCS Collector u/s 52, NRTP and Casual Taxable Person ).

And as far as GSTR-9C is concerned :

According to the Provision of Section 35(5) of the CGST Act 2017 read with Section 44(2) of the CGST Act 2017, read with Rule 80(3) of the CGST Rules 2017, a Registered Person whose Aggregate Turnover exceeds 'Rs. 2 crore' is required to file a "RECONCILIATION STATEMENT and AUDIT REPORT" in FORM GSTR-9C and get it certified by a Chartered Accountant ( CA ) or a Cost and Management Accountant ( CMA ) and file it electronically in the GST common portal.

CONCLUSION :-

Therefore, by referring the above said Provisions, it is clear that FORM GSTR-9 is to be filed by all REGISTERED PERSON ( except few ) irrespective of any turnover limit. And FORM GSTR-9C being a Audit Report is to be filed only by those Registered Person whose Aggregate Turnover exceeds Rs. 2 crore. So if your Aggregate Turnover is less than Rs. 2 crore, you are not required to file FORM GSTR-9C.

Warm Regards.

1 Like

CA. Anshul Medatwal (Chartered Accountant) (376 Points)
Replied 08 November 2019

Recently announcement exempted certain taxpayers to file annual return therefore, there is no need to file annual return whoses turnover is less tha 2cr

Mayur (Business Owner) (185 Points)
Replied 30 November 2019

Originally posted by : Shivam RC
	As per the Provision of 44(1) of the CGST Act 2017, Every Registered Person is required to file an "ANNUAL RETURN" in FORM GSTR-9 within 31st December of the following year, irrespective of any turnover limit. Hence filing of GST ANNUAL RETURN is "Mandatory" for all persons ( " except few like ISD, TDS Deductor u/s 51, TCS Collector u/s 52, NRTP and Casual Taxable Person ).And as far as GSTR-9C is concerned :According to the Provision of Section 35(5) of the CGST Act 2017 read with Section 44(2) of the CGST Act 2017, read with Rule 80(3) of the CGST Rules 2017, a Registered Person whose Aggregate Turnover exceeds 'Rs. 2 crore' is required to file a "RECONCILIATION STATEMENT and AUDIT REPORT" in FORM GSTR-9C and get it certified by a Chartered Accountant ( CA ) or a Cost and Management Accountant ( CMA ) and file it electronically in the GST common portal.CONCLUSION :-Therefore, by referring the above said Provisions, it is clear that FORM GSTR-9 is to be filed by all REGISTERED PERSON ( except few ) irrespective of any turnover limit. And FORM GSTR-9C being a Audit Report is to be filed only by those Registered Person whose Aggregate Turnover exceeds Rs. 2 crore. So if your Aggregate Turnover is less than Rs. 2 crore, you are not required to file FORM GSTR-9C.Warm Regards.

Does that mean that I am still required to file GSTR- 9 even if the turnover is less than 2 Cr? if yes, what is the last date for filing GSTR9?

Mayur (Business Owner) (185 Points)
Replied 30 November 2019

Does that mean that I am still required to file GSTR- 9 even if the turnover is less than 2 Cr? if yes, what is the last date for filing GSTR9?

jayendra Gaonkar (Asst. Manager) (216 Points)
Replied 02 December 2019

The GSTR 9 filing is made optional for turnover less then 2 crore in 37th GST council meeting. Therefore, small taxpayers may choose not to file it. There is no link with taking MSME registration and turnover limit for GSTR 9.

1 Like

Mayur (Business Owner) (185 Points)
Replied 05 December 2019

Originally posted by : jayendra Gaonkar
	The GSTR 9 filing is made optional for turnover less then 2 crore in 37th GST council meeting. Therefore, small taxpayers may choose not to file it. There is no link with taking MSME registration and turnover limit for GSTR 9.

Thanks for the clarification, Jayendra!