We have since inception of GST regime, seen several extensions granted in filing of GST Returns mainly due to system issues. Such extensions are now also continued due to COVID-19 pandemic.
One such extension is in regard to filing of Annual Return in Form GSTR-9 and Audit Certificate / Reconciliation Statement in Form GSTR-9C for the FY 2018-19, which were originally required to be filed by 31st December, 2019, as per sub-section (1) and (2) of Section 44 of the CGST Act, 2017, however the due date of filing the same was extended upto 30th September,2020 vide Notification No. 41/2020-Central Tax dated 5th May, 2020.
Requirement to file GSTR-9 / 9-C for FY 2018-19 at a glance
| Aggregate Turnover | GSTR 9 | GSTR 9C |
|---|---|---|
| Up to 2 Cr | Optional * | N/A |
| More than 2Cr. – 5 Cr | Filling is mandatory | Optional ** |
| More than 5Cr | Filling is mandatory | Filling is mandatory |
* Notification No. 47/2019 – Central Tax dated 9th October, 2019
** Amendment in Rule 80 of CGST Rules,2017 vide Notification No.16/2020 – Central Tax dated 23rd March, 2020
Accordingly GSTR-9 filing for the FY 2018-19 is mandatory for taxpayers having aggregate turnover exceeding Rs 2 Crore whereas GSTR 9-C for same financial year is required to be filed by taxpayers having aggregate turnover more than Rs 5 Crore.
Due date of filing GSTR-9 and 9-C extended to 31st October,2020
Although considering that earlier the due date of filing of GSTR-9 and 9-C was extended to 30th September, 2020 , long back in the month of May, 2019 itself and much time has elapsed considering end of lockdown, it was a general view that the due date will not be extended further. However industry as well as professional bodies including Institute of Chartered Accountants of India, had requested for extension in due date and it much expected that extension will come.
However as due date was not extended till yesterday, the due date extension came under cloud of uncertainty as today being the last date of filing of GSTR-9 and 9-C. Though we were of strong view that due date would be extended and we had conveyed it to our readers in the articles published earlier.
Although Notification in regard to extension in due date has still not issued, however CBIC has on his official twitter handle stated that after obtaining due clearances from the Election Commission in view of the Model Code of Conduct , Government has extended the due date for furnishing Annual Return in GSTR-9 and GSTR-9C for 2018-19 from 30.09.2020 to 31.10.2020. Further the twitter states that Notification in regard to this extension will follow.
This will bring up cheer amongst the tax payers and professionals who were struggling to adhere to the timelines due to COVID-19 pandemic. However the practice of the Government to issue deadline extension on last date is not appreciated and such extension should be issued at least 3-4 days before expiry of deadline.
READ CBIC TWEET:
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Frah Saeed is a law graduate specializing in the core field of indirect taxes and is the Co-founder of taxwallah.com. She has authored many publications on GST and is into full-time consultancy on GST to big corporates. She as a part of taxwallah.com heads a team comprising of Chartered Accountants and Advocates and plays a key role in our mission to disseminate GST knowledge to all.
