GST annual return filing is mandatory for all registered taxpayers with turnover of more than Rs.2 crores during the financial year. As per section 44 of Goods and Service tax act 2017, every registered person is required to furnish annual return each financial year. The annual return for GSTR9 should be filed at the GSTIN level (for every registration made under GST) certain taxpayers may have more than one GSTIN under the same PAN, in one or more states. Such Taxpayers are required to furnish annual return form GSTR9 separately for each GSTIN registered under the normal taxpayers during the financial year. The annual return needs to be filed even if taxpayers has got his registration canceled during the financial year. A person registered under GST act but having no transactions during the financial year is not required to file nill annnual return.
Types of Annual Return under GST
- The normal taxpayer who files forms GSTR1 and GSTR 3B regularly are required to file their annual return under GSTR9.
- The composition scheme holder/small taxpayer who pays tax at a fixed rate, under GST is required to furnish his/her annual return in form GSTR 9A.
- All e-commerce operators who are liable to collect tax at source (TCS) are required to file an annual return in form GSTR 9B.
- The taxpayer whose annual turnover crosses Rs. 5 crores are required to file a self certified reconciliation statement in form GSTR 9C
As per section 44(1) of goods and services tax act .the following categories of persons are exempted from filing annual return.
- cascual taxable persons
- Non resident taxable persons
- Input service Distributors (ISD)
- Registered persons deducting tax at source (TDS) as per section 51 of GST act.
The due date for filing annual return form GSTR9 for a particular financial year is 31st December of subsequent financial year or as extended by the government through notification from time to time. As per section 47(2) of central Goods and service tax (CGST) act and State Goods and Service tax (SGST) act, if a taxpayers fails to file applicable GST return within the due date, a prescribed late fees will be charged for each day of delay. Further, if there is any tax that remains due, then interest will be charged at the rate of 18% per annum on the remaining tax liability. The late fees is also applicable for the delay in filing nil annual return. The system will not allow taxpayer to proceed with filing subsequent GST returns until prescribe late fees is paid-upon failing to file GST return continuously for six month, the GST registration of taxpayers may gets suspended/canceled therefore for legally operating one's business it is important to make tax payments and file GST annual return within due dates.