Filing of GST Annual Return in GSTR-9 and reconciliation statement in Form GSTR-9C for FY 2020-21 has witnessed a major change in the statutory provisions whereby the mandatory certification in reconciliation statement (Form GSTR-9C) by Chartered Accountant / Cost Accountant is not required from FY 2020-21 and rather the same is to be self-certified by the taxpayer.
In regard to the above amendment has been made in Section 44 of the CGST Act,2017 and Rule 80 of the CGST Rules, 2017. Further Section 35(5) of the CGST Act, 2017 in regard to GST Audit has been deleted.
Who is required to file GSTR-9 for the FY 2020-21
As per Section 44 of the CGST Act,2017, annual return in GSTR-9 is to be filed by every registered person, other than an Input Service Distributor, a person paying tax under section 51 (Tax Deductors) or section 52 (Tax Collectors-ECO) , a casual taxable person, and a non-resident taxable person
As per Notification No 31/2021-Central Tax dated 30th July,2021 the registered person whose aggregate turnover in the financial year 2020-21 is up to Rs 2 crores, has been exempted from filing the annual return for FY 2020-21.
It is pertinent to mention here that earlier, Notification No. 47/2019 – Central Tax dated 9th October 2019 made it 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 for the FY 2017-18 and 2018-19.
Subsequently, vide Notification No. 77/2020- Central Tax dated 15th October 2020, the above benefit was extended to the FY 2019-20 as well and same has now been extended to FY 2020-21 as well.
Who is required to file GSTR-9C for the FY 2020-21
As per amended Rule 80(3) of the CGST Rules, 2017 a taxpayer having aggregate turnover during a financial year exceeds five crore rupees, shall also furnish a self-certified reconciliation statement as specified under section 44 in FORM GSTR-9C along with the annual return. In view of self-certification Part B (Certification by CA) of the GSTR-9C has been deleted.
Accordingly, reconciliation statement in form GSTR-9C is to be filed only by taxpayers having aggregate turnover in FY 2020-21 above Rs 5 crores.
Due date of filing of GSTR-9 and GSTR-9C
The due date of filing of GSTR-9 and GSTR-9C has been provided in the amended Rule 80(3) of the CGST Rules, 2017, according to which same are to be filed on or before the thirty-first day of December following the end of such financial year. Accordingly, the GSTR-9 / 9-C for FY 2020-21 is to be filed by 31st December 2021.
Also Read: Latest changes in GST Annual Return GSTR-9 for FY 2020-21
Relevant Statutory Provisions:
Section 44 of the CGST Act,2017
Annual Return: Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a self-certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within such time and in such form and in such manner as may be prescribed:
Provided that the Commissioner may, on the recommendations of the Council, by notification, exempt any class of registered persons from filing annual return under this section:
Provided further that nothing contained in this section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.”
Rule 80 of the CGST Rules, 2017
Annual return.- (1) Every registered person, other than those referred to in the second proviso to section 44, an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year as specified under section 44 electronically in FORM GSTR-9 on or before the thirty-first day of December following the end of such financial year through the common portal either directly or through a Facilitation Centre notified by the Commissioner:
Provided that a person paying tax under section 10 shall furnish the annual return in FORM GSTR-9A.
(2) Every electronic commerce operator required to collect tax at source under section 52 shall
furnish annual statement referred to in sub-section (5) of the said section in FORM GSTR – 9B.
(3) Every registered person, other than those referred to in the second proviso to section 44, an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, whose aggregate turnover during a financial year exceeds five crore rupees, shall also furnish a self-certified reconciliation statement as specified under section 44 in FORM GSTR-9C along with the annual return referred to in sub-rule (1), on or before the thirty-first day of December following the end of such financial year, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner.”.
(3) Every registered person, other than those referred to in the second proviso to section 44, an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, whose aggregate turnover during a financial year exceeds five crore rupees, shall also furnish a self-certified reconciliation statement as specified under section 44 in FORM GSTR-9C along with the annual return referred to in sub-rule (1), on or before the thirty-first day of December following the end of such financial year, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner.”
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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.
