Return Analysis
(a) A return of Outward supplies in terms of this section should be furnished by every registered taxable person except for the following persons namely,
— Input service distributor
— A non-resident taxable person
— A person paying tax under the provisions of section 10 (composition levy)
— A person paying tax under the provisions of section 51 (TDS)
— A person remitting tax collected under the provisions of section 52 (TCS)
— A person referred to in Section 14 of IGST Act – Person providing Online Information and Data Access & Retrieval Services to a non-taxable online recipient.
(b) Explanation to section 37 relating to furnishing of the “details of outward supplies” shall include details of Invoices, debit notes, credit notes and revised invoices issued in relation to outward supplies made during any tax period. This e-return shall be filed within 10 days from the end of the tax period in FORM GSTR-1. (Refer Annexure ‘A’ for extension of due date for filing GSTR-1).
(c) Such returns shall be for supply of goods or services or both as effected during a tax period and shall be filed electronically.
(d) The registered person shall not be allowed to furnish any details of outward supplies during the period from the eleventh day to the fifteenth day of the month succeeding the tax period. This implies that the filing portal may not be available for the person filing the return of outward supplies during the period in which return for inward supply is required to be filed. (Refer Note no. 1 at the end of this chapter).
(e) In case of delay in furnishing the details relating to outward supplies, a registered person in default, shall pay a late fee in a sum of ` 100 for every day of continuing default subject to a maximum to ` 5,000 only. (Refer Note no. 2 at the end of this chapter)
(f) The Commissioner is empowered to notify any extension of due date of filing, for any class of persons, beyond the tenth of the succeeding month, with reasons to be recorded in writing. Refer to Annexure ‘A’ at the end of the chapter, for extensions notified, from time to time, for various returns.
(g) The present process of return filing, envisages that the recipient of the supply shall be provided an opportunity to accept, reject, amend or delete the details in a two-waycommunication process. This opportunity is not available at present as the notification for due dates of filing of GSTR-2 is yet to be issued. The details provided by the supplier shall be auto-populated and made available electronically to the recipient, for matching purposes, in accordance with the provision of Rule 60 in a FORM GSTR-2A.
(h) If any error or omission is discovered in the course of matching as specified in the Act and discussed under Section 42 and 43, rectifications of the same shall be effected; and tax and interest, if any, as applicable shall be paid on such corrections by the person responsible for filing the return of outward supplies. Section 42 and section 43 are currently not applicable as the due dates for filing of details in GSTR-2 is yet to be notified.
(i) Such rectification of error or omission, however, is not permitted after filing of annual return or the return for the month of September of the following financial year to which the details pertain to, whichever is earlier.
For example: Assume an entity has furnished the annual returns for the year 2018-19 on August 15, 2019. If an error is discovered in respect of a transaction pertaining to the tax period July 2018, where the entity has filed its returns for the month of September 2019 on October 18, 2019. In this case, the rectification of the error pertaining to a transaction in July 2018 cannot be made beyond August 15, 2019. This is because the said entity has already filed its annual return on 15th August, 2019.