Section 44 and Rule 80 states about annual return (GSTR-9) and reconciliation statement (GSTR-9C).

Section 44 and Rule 80 were amended wef 01.08.2021.

[1][Section 44 read with [2][Rule 80(1) [wef 01-08-2021]

Every RP Other than

an Input Service Distributor,

a person paying tax u/s 51 or 52,

a Casual Taxable Person and

Non-resident taxable person

shall furnish electronically an annual return for every financial year in GSTR-9,

on or before the 31^st Dec following the end of such FY

Regular dealer shall furnish annual return for every financial year in GSTR-9

GSTR-9 must be furnished on or before the 31^st Dec following the end of such FY

1^st Proviso to Rule 80(1) [wef 01-08-2021]

a person paying tax u/s 10 shall furnish the annual return in GSTR-9A

Composition dealer shall furnish annual return for every financial year in GSTR-9A on or before 31^st Dec.

The annual return for FY needs to be filed by 31^st Dec of the next financial year

Question & Answer

Following Persons are exempted from furnishing Annual Return

Section 44 also provides that following person is not required to furnish annual return

(i) Casual taxable persons.

(ii) Non- resident taxable person

(iii) Input service distributors and

(iv) Persons authorized to deduct/collect tax at source u/s 51/52.

1^st Proviso to Section 44 [wef 01-08-2021]

Commissioner may by notification, exempt any class of registered persons from filing annual return under this section

Refer section 2(6) for meaning of aggregate turnover

√

Wef 01-8-2021, above exemption is given in 1^st Proviso to Section 44. But before 01-08-2021, above exemption were provided through special procedure u/s 148

Through various notifications, commissioner has exempted RP whose aggregate turnover (AT) <= Rs.2 Cr to file GSTR-9 in following FY

Following RP is exempted to file GSTR-9

FY

Notification No

RP whose AT <= Rs.2 Cr

2021-22

10/2022 - Central Tax dated 05-07-2022

RP whose AT <= Rs.2 Cr

2020-21

31/2021 - Central Tax dated 30-07-2021

RP whose AT <= Rs.2 Cr and who have not furnished GSTR-9 before the due date,

said persons shall have the option to furnish GSTR-9

2017-18

to

2019-20

47/2019-Central Tax dt. 09-10-2019

Question & Answer

2^nd Proviso to Section 44 [wef 01-08-2021]

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 C&AG or

an auditor appointed for auditing the accounts of local authorities under any law for the time being in force]

Filing of annual return is not required by any department of the CG or a SG or a local authority, whose books of account are subject to audit by

the C&AG or

an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.

√

Wef 01-8-2021, above exemption is given in 2^nd Proviso to Section 44. But Before 01-08-2021, above provision were given in 1^st Proviso to Section 35(5).

Notification No. 30/2019-Central Tax dt. 28-06-2019

Persons registered u/s 24 read with rule 14 of the CGSTR, 2017, supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person shall not be required to furnish an annual return in GSTR-9 and GSTR-9C.

GSTR-9C is reconciliation statement of values declared in GST Return and Audited FS.

From FY 2020-21, GSTR-9C is known as Self-certified reconciliation statement. But before it, it was known as Reconciliation Statement.

Section 44

Annual return may include GSTR-9C i.e a self-certified reconciliation statement, reconciling the value of supplies declared

in the return furnished for the FY,

with the audited annual FY

Rule 80(3)

Every RP, Other than those referred to in the second proviso to section 44, an ISD, a person paying tax u/s 51 or 52, a CTP and a NRTP,

whose aggregate turnover during a FY exceeds Rs.5 Cr,

shall also furnish a self-certified reconciliation statement in GSTR-9C along with the annual return,

on or before the 31^st day of Dec following the end of such FY

From FY 2020-21, GSTR-9C must be furnished by those RP, whose AT exceeds Rs.5 Cr during a FY.

GSTR-9C must be furnished along with GSTR-9.

GSTR-9C must be furnished on or before the 31^st day of Dec following the end of such FY

For FY 2017-18 to FY 2019-20, GSTR-9C must be certified by Chartered/Cost Accountant.

But from FY 2020-21, GSTR-9C is self-certified.

Requirement of Audit of Accounts under GST

Section 35(5) read with Rule 80(3)

RP whose Aggregate Turnover during a FY exceeds Rs.2 cr

shall get his accounts audited by chartered or cost accountant.

and shall submit GSTR-9C + Audited FS

a copy of the audited annual accounts

reconciliation statement u/s 44(2) in [GSTR-9C duly certified [Rule 80(3)]]

such other documents as may be prescribed

Furnish Annual Return + GSTR-9C + Audited FS

Section 44(2)

RP who is required to get his accounts audited u/s 35(5) shall furnish

annual return u/s 44(1)

a copy of audited annual accounts

a reconciliation statement

such other particulars as may be prescribed.

1^st Proviso to Rule 80(3)

RP whose aggregate turnover during the FY 2018-2019 and 2019-20 exceeds Rs. 5 cr 

shall get his accounts audited as specified u/s 35(5).

For FY 2017-18, GST Audit was not applicable if AT <= Rs.2 Cr

For FY 2018-19 and 2019-20, GST Audit was not applicable if AT <= Rs.5 Cr

However wef 01-08-2021, all above provision has been deleted. Hence from FY 2020-21, GSTR-9C is self-certified and it is not required to be certified by Chartered/Cost Accountant.

Question & Answer

Notification No. 09/2020-Central Tax dt. 16-03-2020

Extract of above notification

RP who are foreign company which is an airlines company covered under the notification issued u/ss 381(1) of the Companies Act, 2013 and who have complied with sub-rule 4(2) of the Companies (Registration of Foreign Companies) Rules, 2014,

shall not be required to furnish GSTR-9C

Statement of Receipts & Payment to be submitted by Foreign Airline Company

Provided that a statement of receipts and payments for the FY in respect of its Indian Business operations, duly authenticated by a practicing CA in India or a firm or a LLP of practicing Chartered Accountants in India is submitted for each GSTIN by the 30th Sept of the year succeeding the FY.

^[3][Rule 80(1A)

Notwithstanding anything contained in sub-rule (1),

for the FY 2020-2021,

the said annual return shall be furnished on or before the 28^th Feb, 2022]

[4][1^st Proviso to Section 44(1) [Before 01-08-2021]

Commissioner may by notification, extend time limit of annual return for such RP as may be specified therein

For extended time limit of annual return, please refer above notification.

√

Before insertion of Proviso to section 44, Explanation was inserted by Order No. 1/2018-Central Tax dt. 11-12-2018 and later on substituted by Order No. 8/2019-Central Tax dt. 14-11-2019. which has extended due date of GSTR-9 or 9A.

For complete provision of Explanation,  please refer section 44

Annual return in GSTR-9B by ECO by 31^st Dec after the end of relevant FY

Section 52(5) read with rule 80(2)

ECO who collects TCS u/s 52(1)

shall furnish an annual statement in GSTR-9B

before 31^st of Dec following the end of such FY.

GSTR-9B shall contain details of

a) outward supplies effected through it, including supplies returned through it, and

b) TCS collected u/s 52(1) during the FY,

Extension of time limit for GSTR-9B by commissioner

Proviso to Section 52(5)

Commissioner may by notification, extend time limit of annual statement for such RP as may be specified therein

ECO shall furnish annual statement in GSTR-9B.

GSTR-9B has not yet been notified.

Late fees for not furnishing of annual return on or before due date has been provided in Section 47(2)

Section 47(2)

RP who fails to furnish the return required u/s 44 [Annual return in GSTR-9 or 9C] by the due date

shall pay a late fee lower of

of Rs.100 for every day during which such failure continues

0.25% of his turnover in the State/UT.

Question & Answer

Late fees payable u/s 47 may be waived off by central government u/s 128

For details of late fees waived off u/s 128, click here