GSTR 9A Annual Return for taxpayers registered under composition levy
LATEST>>> GOOD NEWS!!! The due date for GST Annual Return and Audit has been extended to 31st August 2019. Click here for more details.
LATEST>>> Due date extended for FORM GST CMP – 08 vide CGST Notification no 34/2019 dated 18th July 2019
It is a scheme under the GST regime for the small taxpayers. Small taxpayers under GST means who have annual aggregate turnover upto Rs. 1 crore. This scheme helps in getting rid of tedious formalities of filing monthly returns and maintaining detailed records. It would also make it easy by paying tax at a uniform rate of turnover. i.e 1 % for manufacturers and traders and 5 % for restaurants.
(Note: There was a recommendation to increase the threshold for composition scheme to Rs. 1.5 crore in 23rd GST Council Meeting held on 10th November 2017, but this has not been approved and notified yet. )
Do you need to file Annual Return if you are registered under composition scheme?
Yes, As per the provisions of section 44(1) of CGST Act 2017, every registered person (except ISD, NRI, CTP, e-commerce operators) has to file the GST Annual Return. So, even the person registered as the composition dealer has to file the annual return.
Section 44(1) of CGST Act, 2017 for reference
Which is the GST Annual Return form applicable to composition dealers?
Form GSTR-9A is Annual return form for the persons registered under composition scheme at any time during the relevant financial year. It will include the consolidated information furnished by the composition taxpayers in the quarterly returns GSTR 4.
Is the format of GSTR 9A notified by the Govt.?
Yes, CBIC has notified the formats of GST Annual Return Form GSTR-9A for the taxpayers registered under composition scheme vide Notification No. 39/2018 – Central Tax dated 04th September 2018.
What is the due date for filing an annual return for composition dealer?
31st August 2019 is the extended due date for filing the annual return under GST for the financial year 2017-18. Click here to read download the official press release for the due date extension.
What will be the penalty for delayed filing of annual return?
As per section 44, if there is a delay in filing in Annual return then late fees of Rs. 100 per day under CGST plus Rs. 100 per day under SGST/UTGST subject to the maximum of 0.5% ( 0.25%+0.25% ) of Turnover in state/Union Territory shall be levied.
As per section 125, General Penalty upto Rs.25,000/- can be levied.
What if the registered person has cancelled/surrendered the GST registration before 31st March 2018?
As per the legal provision of Section 44(1) of CGST Act, every registered person shall be required to file the annual return. Hence, even if the status of the taxpayer is not registered as on 31st March 2018 but he was registered between July-17 to March-18, he will be required to file the annual return providing details for the period during which he was registered.
What if the registered person has applied for cancellation of registration before 31st March 2018?
As per the legal provision of Section 44(1) of CGST Act, every registered person shall be required to file the annual return. Hence, even if the status of the taxpayer is registered but applied for cancellation as on 31st March 2018, he was registered between July-17 to March-18, he will be required to file the annual return providing details for the period during which he was registered.
What if the person was registered under the composition scheme but switched to the regular taxpayer before 31st March 2018?
If a person is registered under the composition scheme for a few months and then switches to a regular/normal taxpayer for the remaining months during a financial year.
In such cases, two annual returns are required to be filed by the taxpayer. One as composition dealer and the other as the normal/regular taxpayer.
- GSTR 9A needs to be filed for the period the person was registered as composition taxpayer and
- GSTR 9 needs to be filed for the remaining period of the financial year where the person was registered as a normal taxpayer.
And if the aggregate annual turnover exceeds 2 cr for the financial year then even the reconciliation statement in GSTR 9C also needs to be filed.
Other points related to composition dealer
- Conversion from a regular/normal taxpayer to composition dealer was allowed only after the end of 31st March 2018.
- A person registered under the composition levy cannot make supplies through e-commerce operator.
The author of the article is CA Ankita Khetan. If you have any queries concerning the above article. Please write to us either in the comments section below or email us on email@example.com.
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