Analysis

Analysis:

This section deals with filing of GST Return by persons registered under different provisions of this Act and rules made thereto.

Section  Ref —  (A)	Person Liable —  (B)	FORM —  (C)	CGST  Rule —  (D)	Due date  for  payment  of tax — (E)	Due Date  for filing of return –  (F)	Periodicity  — (G)
39(1)	Regular Taxpayers (other than registered person covered under subsection 2, 3, 4 & 5 of Section 39)	GSTR-3 / 3B	Rule — 61	On or before the due date of filing of return — As referred in column (F)	On or before 20th day of subsequent month	Monthly
39(2)	Composition Taxable persons	GSTR-4	Rule — 6	On or before the due date of filing of return — Ref column (F)	Within 18th day from the end of relevant quarter	Quarterly

39(3)	Any Registered person who is liable to deduct tax at source under section 51	GSTR-7	Rule — 66	On or before the due date of filing of return —As referred in column (F)	On or before 10th day of the subsequent month	Monthly
39(4)	Input Service Distributor (for distributing credits)	GSTR-6	Rule — 65	Not Applicable	On or before 13th day of the succeeding month	Monthly
39(5)	Non-Resident Taxable person	GSTR-5	Rule — 63	On or before the due date of filing of return — As referred in column (F)	Within 20 days from the end of the calendar month or within 7 days after the last day of the period of registration, whichever is earlier
39(5)	Supplier located outside taxable territory — making supply of online information and data base access or retrieval services from a place outside India to non­taxable online recipient	GSTR- 5A	Rule — 64	On or before due date of filing of return — As referred in Column (F)	On or before 20th day of the succeeding month (including part thereof)	Monthly

 

B. The extension of time limit for furnishing the returns

The Commissioner is empowered by sub-section (6) of section 36, for extending the due dates for furnishing the returns and basis this commissioner Central Tax / State Tax has issued  Notification(s) extending due date(s) originally prescribed for filing of statement(s) / return(s) as the case may be.

Please refer ‘Annexure – A’ at the end of the chapter, giving details of Notification(s) extending due date(s) for various statement(s) / return(s) prescribed under the GST laws.

C. Mandatory to file returns

Every registered person covered under section 39(1) & 39(2) shall furnish a return for every tax period whether or not any supplies of goods and/or services have been effected during such tax period. In other words, the person registered as regular taxpayer (including SEZ unit or developer) and person registered as a composition taxpayer, are obliged to file “NIL RETURN” even when there is / are no transaction(s) effected by them in any tax period.

D. Rectification of error and omission

(i) Every registered person (including ISD, person liable to deduct tax at source) who has furnished or is required to file a return in terms of this section, can on identification of any error or omission rectify the same in the tax period in which such error or omission is noticed by him.

(ii) Rectification, resulting in additional output tax or reduction in input tax credit shall be paid / reversed and the same would be subject to interest as prescribed in section 50 of this Act.

(iii) Such rectification of error or omission will not be allowed, when omission or incorrect particulars are discovered as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities,

(iv) Further, no rectification of any error or omission will be allowed after the due date for filing of return for the month of September or second quarter of the succeeding financial year, or the actual date of filing of relevant annual return, whichever is earlier.

E. Non-submission of previous tax period returns

A registered person will not be allowed to furnish a return for any tax period, unless returns for all previous tax periods has been furnished by him. Currently, the filing of monthly return in Form GSTR 3 is suspended and a summary return in Form GSTR 3B is required to be filed on monthly basis by every taxpayer including composition taxpayer.

Further, filing of Form GSTR 2 i.e., Statement of inward supply is also suspended for an indefinite period and therefore filing of Form GSTR 3 i.e., monthly return will not be possible. As a result, it now appears that for the period July 2017 to the date of the proposed return system is in place the assessment of returns and information furnished thereon, will be done on the basis of information furnished in Form GSTR 3B, Form GSTR 1 i.e., statement of outward supply for supplies effected and Form GSTR 2A which is made available to the recipient of supply on the basis of details of outward supply furnished by supplier in Form GSTR 1.

Provisions relating to deduction of tax at source (section 51) and provisions of collection of tax  at source (section 52), has been suspended till 30.06.2017 based on the recommendations of the GST Council in its 26th Council Meeting held on 10.03.2018 (Press release to this effect is issued and is available on CBEC website). Therefore question of filing of returns prescribed for these persons does not arise. As such, the question of filing return in Form GSTR 7 by person liable to deduct tax at source and furnishing of a statement in Form GSTR 8 by the person liable to collect at source in terms of GST provisions.