Late Filing of GSTR-9A for 2017-18 and 2018-19 is condoned,
Return or Short Payment of Tax in GST DRC-03 can be Regularised Provided
Deficiency is made good
·
Clarifications
on Special Procedure of 47/2019-CT dated 9 Oct 2019 Issued
[Circular
No. 124/43/2019 – GST dated 18 November 2019]
Sub:
Clarification regarding optional filing of annual return under notification No.
47/2019- Central Tax dated 9th October, 2019
Attention
is invited to notification No. 47/2019-Central Tax dated 9th October, 2019
(hereinafter referred to as “the said notification”) issued under section 148
of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as
“the said Act”) providing for special procedure for those registered persons
whose aggregate turnover in a financial year does not exceed two crore rupees
and who have not furnished the annual return under sub-section (1) of section
44 of the said Act read with sub-rule (1) of rule 80 of the Central Goods and
Services Tax Rules, 2017 (hereinafter referred to as “the CGST Rules”).
2.
Vide the said notification it is provided that the annual return shall be
deemed to be furnished on the due date if it has not been furnished before the
due date for the financial year 2017-18 and 2018-19, in respect of those
registered persons. In order to clarify the issue and to ensure uniformity in
the implementation of the provisions of the law across field formations, the
Board, in exercise of its powers conferred by section 168 (1) of the said Act,
hereby clarifies the issues raised as below:–
a. As per proviso to
sub-rule (1) of rule 80 of the CGST Rules, a person paying tax under section 10
is required to furnish the annual return in FORM GSTR-9A. Since the said
notification has made it optional to furnish the annual return for FY 2017-18
and 2018-19 for those registered persons whose aggregate turnover in a
financial year does not exceed two crore rupees, it is clarified that the tax
payers under composition scheme, may, at their own option file FORM GSTR-9A for
the said financial years before the due date. After the due date of furnishing
the annual return for the year 2017-18 and 2018-19, the common portal shall not
permit furnishing of FORM GSTR-9A for the said period.
b. As per sub-rule (1)
of rule 80 of the CGST Rules, 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 as specified under sub-section (1) of section 44 electronically
in FORM GSTR-9. Further, the said notification has made it optional to furnish
the annual return for FY 2017-18 and 2018-19 for those registered persons whose
aggregate turnover in a financial year does not exceed two crore rupees.
Accordingly, it is clarified that the tax payers, may, at their own option file
FORM GSTR-9 for the said financial years before the due date. After the due
date of furnishing the annual return for the year 2017-18 and 2018-19, the
common portal shall not permit furnishing of FORM GSTR-9 for the said period.
3.
Section 73 of the said Act provides for voluntary payment of tax dues by the
taxpayers at any point in time. Therefore, irrespective of the time and quantum
of tax which has not been paid or short paid, the taxpayer has the liberty to
self-ascertain such tax amount and pay it through FORM GST DRC-03. Accordingly,
it is clarified that if any registered tax payer, during course of
reconciliation of his accounts, notices any short payment of tax or ineligible
availment of input tax credit, he may pay the same through FORM GST DRC-03.
4.
Difficulty if any, in the implementation of this circular may be brought to the
notice of the Board.
CBEC-20/16/04/18-GST