The CBIC vide Notification No. 30/2021–Central Tax, dated July 30, 2021 has issued the Central Goods and Services Tax (Sixth Amendment) Rules, 2021 to further amend Rule 80 of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”) related to Annual Return to be filed by the registered taxpayer w.e.f. August 1, 2021, in a following manner:
- Rule 80 of CGST Rules has been substituted, wherein it has been provided as under:
- Every registered person, other than those specified, shall electronically furnish an annual return for every Financial Year (“F.Y.”) in FORM GSTR-9 on or before December 31 following the end of such F.Y. through the common portal either directly or through a Facilitation Centre notified by the Commissioner.
- Further, it has been provided that a person paying tax under composition scheme shall furnish the annual return in FORM GSTR-9A.
- Every electronic commerce operator required to collect tax at source (“TCS”) to furnish the annual statement in FORM GSTR-9B.
- Every registered person, other than those specified, whose aggregate turnover during a financial year exceeds INR 5 Crores, to furnish electronically a self-certified reconciliation statement in FORM GSTR-9C along with the annual return, on or before December 31, following the end of such F.Y., through the common portal.
Amended Rule 80 of the CGST Rules, reads as below:
““80. Annual return.- (1) Every registered person, other than those referred to in the second proviso to section 44, an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year as specified under section 44 electronically in FORM GSTR-9 on or before the thirty-first day of December following the end of such financial year through the common portal either directly or through a Facilitation Centre notified by the Commissioner:
Provided that a person paying tax under section 10 shall furnish the annual return in FORM GSTR-9A.
(2) Every electronic commerce operator required to collect tax at source under section 52 shall furnish annual statement referred to in sub-section (5) of the said section in FORM GSTR -9B.
(3) Every registered person, other than those referred to in the second proviso to section 44, an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a nonresident taxable person, whose aggregate turnover during a financial year exceeds five crore rupees, shall also furnish a self-certified reconciliation statement as specified under section 44 in FORM GSTR-9C along with the annual return referred to in sub-rule (1), on or before the thirty-first day of December following the end of such financial year, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner.”
Further, new instructions has been substituted in FORM GSTR-9 and FORM GSTR-9C i.e. Annual Return and Reconciliation Statement respectively, in a following manner:
FORM GSTR-9
- Amendments have been made in the Para 4, 5, 7 and 8 of the instructions, to add F.Y. 2020-21
- In Para 7 of the instructions, the words “April 2020 to September 2020” has been substituted with “For FY 2020-21, Part V consists of particulars of transactions for the previous financial year but paid in the FORM GSTR-3B between April 2021 to September 2021”
- In second column of the Table of Para 7 of the instructions details of additions or amendments to any of the supplies already declared in returns of previous F.Y. but were not furnished in Table 9A, Table 9B, Table 9C of FORM GSTR-1 of April 2021 to September 2021, has to be declared in FORM GSTR-9.
- In serial no. 12 of the Table in Para 7 of the instructions – For F.Y. 2020-21, aggregate value of reversal of Input Tax Credit (“ITC”) availed in previous F.Y but reversed in returns filed for April 2021 to September 2021 to be declared in Table 4(B) of FORM GSTR-3B.
- In serial no. 12 of the Table in Para 7 of the instructions – For FY 2020-21, details of ITC for goods or services received in the previous F.Y. but ITC for the same was availed in returns filed for the months of April 2021 to September 2021 shall be declared in Table 4(A) of FORM GSTR-3B. However, any ITC which was reversed in the FY 2020-21 but was reclaimed in FY 2021-22, the details of such ITC reclaimed shall be furnished in the annual return for FY 2021-22.
FORM GSTR-9C
- Amendments have been made in the instructions in the Part A of the FORM GSTR-9C, to add F.Y. 2020-21
- In serial 9 of Part A i.e. reconciliation of rate wise liability and amount payable, a new serial no. K-1 and entry has been inserted as ‘Others’
- In serial 11 of Part A i.e. additional amount payable but not paid, a new entry has been inserted as ‘Others’
- In Pt. V of Part A i.e. auditor’s recommendation on additional Liability due to non-reconciliation in substituted the words “Auditor’s recommendation on additional Liability due to non-reconciliation” with “Additional Liability due to non-reconciliation”
- New format for verification of registered person has been prescribed
- Substituted instruction in Paragraph 7 of the instructions that, any refund which has been erroneously taken shall be paid back to the Government and shall be declared. Further, any other outstanding demand which is to be settled by the taxpayer shall also be declared.
- Omitted Part B of the FORM GSTR-9 i.e. certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by the person who had conducted the audit.
The Notification can be accessed at: https://www.cbic.gov.in/resources/htdocs-cbec/gst/notfctn-30-central-tax-english-2021.pdf