1. Annual Return in GST

2. Accounts and Records ++ Section 35 read with Rules 56 to 58
++ Entry Log Register
++ Registers and records such as production, Stock, ITC availed utilised have been prescribed
++ Registers and records such as production, Stock, ITC availed utilised have been prescribed

3. Form – 9 Requirement of Filing ( S.44)
++ Registered Person Vs Taxable Person
++ Not to be filed by :
- Input Service Distributor
-Casual Taxable Person
- Non Resident Taxable person
- Persons paying tax - TDS / TCS – 1st October 2018
++ Persons included for filing :
- Composition Person – Form 9A
- E- Commerce Operator – Form 9B – 1st October 2018

4. Form – 9 Assimilation and not Reconciliation
++ Summary of Garbage In – Garbage Out
( 15 GSTR1+15 GSTR3B)
++ No rectification can be done on Form 9
++ Structure of Form 9
- Pt I Basic Details
- Pt II Outward and Inward Supplies
- Pt III ITC
- Pt IV Taxes Paid in return
- Pt V Transactions for the previous FY declared in
returns of April to September of current FY
- Pt VI Other Information

5. Form – 9 Consequences of non filing ( S. 46+47)
++ As per Section 46, notice in Form 3A shall be issued within 15 days
++ Late fee of Rs. 100 per day or 0.25% of turnover in state
(Max)

6. Issues with Form 9
++ Mismatch in Turnover of GSTR1 and 3B . Turnover for GSTR 9 to be taken from GSTR1 or GSTR3B ?
++ If a person has not declared tax liablity on outward supply for the period upto March 2018 in GSTR1 and GSTR3B of FY can he show the liablity in GSTR3B of months of subsequent year? How t report such transaction in Annual return ?
++ What happens if he has not yet filed any GST returns or has not yet disclosed the turnover even in subsequent returns ?
++ Transaction reported with wrong Place of supply in GSTR1 . ( Intra state Vs. Inter State )

7. Issues with Form 9 ++ Commercial Credit Note issued ?
( Seperately shown in PL Vs Deducted from Turnover)
++ If a person has not declared tax liablity on outward supply for the period upto March 2018 in GSTR1 and GSTR3B of FY can he show the liablity in GSTR3B of months of subsequent year? How t report such transaction in Annual return ?
++ What happens if he has not yet filed any GST returns or has not yet disclosed the turnover even in subsequent returns ?
++ Transaction reported with wrong Place of supply in GSTR1 . ( Intra state Vs. Inter State )

8. Issues with Form 9 ++ Credit note issued for FY 17-18 in 18-19 ?
Will it form part of Annual return of 17-18?
++ Schedule I items finds place in GSTR 9 or 9C ?
++ High Sea Sales / Reimbursement of Expenses as Pure Agent forms part of Table 5D – Instructions for no supply
++ B2B reported as B2C – amendment table or Table 4 ?
++ Credit Note issued for Price Difference Vs. Sales return for Pre GST regime ?
++ Credit not yet availed in GSTR3B . Can same be availed in GSTR9 ?

9. Issues with Form 9
++ ITC reversed in FY 1819 for FY 1718 may due to calculation differecnce of R.42 or others .
++ Excess Transitional credits availed in TRANS-I. Reversed by way of filing DRC-03 ?
++ TRANS-1 could not be filed and will be filed as per commissioners order by Can credit be availed in Annual return ?
++ Reverse Charge credit availed as All other ITC in GSTR3B , where to report such credits in annual return ?
++ During July 2017 goods purchased and ITC availed and utilised however in during August the same goods are disposed off due to factory fire ?

10. Issues with Form 9
++ Credit availed net of reversals of Rule 42/43 and shown as all other ITC in 3B . Should separate disclosure be made in annual return for both.
++ During July 2017 goods purchased and ITC availed and utilised however in during August the same goods are disposed off due to factory fire ?
++ Reporting of HSN wise details – as GSTR1 or as per actuals ?
++ Tax Paid under wrong head ? Taxes adjusted in 3B later

11. Critical Issues with Form 9
++ Can any new tax liablity incl Penalty of 73(11) arise by GSTR 9
++ GST number surrendered after filing REG-29 . Should the same registered person file annual return.
In Case registration cert. is surrendered by way of REG-16 then?

12. Annual Return – Normal

29. CA JAY AGARWAL – MEM NO
AGARWAL JAY & CO
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