CMA Final · Indirect Tax Laws and Practice
GST Annual Return and GST Audit Return: formula sheet
Key formulas
- Who files (Section 44(1))
- Every registered person, other than ISD, section 51 person, section 52 person, casual taxable person and non-resident taxable person
- Government departments and local authorities audited by CAG or an appointed auditor are also outside the section (second proviso).
- Form and due date (Rule 80(1))
- FORM GSTR-9 on or before 31 December following the end of the financial year
- Filed on the common portal, directly or through a notified Facilitation Centre.
- Composition persons (proviso to Rule 80(1))
- Person paying tax under section 10 files FORM GSTR-9A
- Same due date as GSTR-9.
- Reconciliation statement (Rule 80(3))
- Aggregate turnover in the financial year > ₹5 crore → FORM GSTR-9C along with the annual return, by 31 December
- Self-certified. The same excluded classes are outside this rule. Exactly ₹5 crore does not trigger it.
- E-commerce operator (Rule 80(2))
- Operator collecting tax under section 52 files annual statement in FORM GSTR-9B
- This is the statement under section 52(5), not an annual return under section 44.
- Time bar (Section 44(2))
- No filing after 3 years from the due date of the annual return
- Government may allow later filing by notification on the Council's recommendation.
- Relief (first proviso)
- Commissioner, on Council's recommendation, may exempt a class of registered persons by notification
- Exemption exists only if notified.
- Part-wise structure
- Part I basic details; Part II Tables 4-5 supplies; Part III Tables 6-8 ITC; Part IV Table 9 tax paid; Part V Tables 10-14 previous year items; Part VI Tables 15-19 other information
- Learn this as the skeleton. Questions often ask which table or part reports a given item.
- Net ITC availed
- Net ITC availed = ITC availed (Table 6) − ITC reversed and ineligible ITC (Table 7)
- Table 7 reversals reduce the credit you can keep. Table 8 does not use this net figure: it compares the ITC availed in Table 6 with the auto-populated ITC.
- Tax payable reconciliation
- For each tax head (CGST, SGST/UTGST, IGST, cess): Tax payable (Table 9) = Tax paid in cash + Tax paid through ITC
- This applies to tax heads only. Interest, late fee and penalty are paid only in cash. Check each head separately. Do not set off one head against another in your answer without applying the utilisation rules.
- Quarterly statement
- FORM GST CMP-08 by the 18th of the month after the quarter
- Contains details of payment of self-assessed tax. Rule 62(1)(i).
- Annual return form
- FORM GSTR-4, once for each financial year
- Rule 62(1)(ii). GSTR-9A is the older annual form for composition taxpayers, now historical.
- GSTR-4 due date
- FY 2024-25 onwards: 30 June after the year ends. Earlier text: 30 April
- The proviso to Rule 62(1) moved the date to 30 June for FY 2024-25 onwards.
- Mode of payment
- Debit the electronic cash ledger
- Rule 62(2). Tax or interest is paid in cash only.
- Contents of return
- Inward supplies (invoice-wise, inter-State and intra-State, registered and unregistered) + consolidated outward supplies
- Rule 62(3).
- Opting in during the year
- Earlier returns due till the earlier of: September return due date of the next FY, or annual return due date of the preceding FY
- Rule 62(4). No ITC on invoices received before opting for composition.
- Withdrawal from composition
- CMP-08 by the 18th after the quarter of withdrawal; GSTR-4 for the composition period
- Rule 62(5). GSTR-4 follows the annual due date above.
- Applicability of GSTR-9C (Rule 80(3))
- Aggregate turnover in the financial year > ₹5,00,00,000 → file GSTR-9C
- The turnover must exceed ₹5 crore. Exactly ₹5 crore does not trigger it.
- Due date
- GSTR-9C is filed with GSTR-9, on or before 31 December following the end of the financial year
- The Rule says it is filed along with the annual return. For FY 2020-21 the date was 28 February 2022.
- Form for annual return
- Regular taxpayer: GSTR-9; section 10 composition: GSTR-9A; e-commerce operator under section 52: GSTR-9B
- GSTR-9C is only the reconciliation statement, not a return.
- Nature of certification
- Self-certified reconciliation statement (section 44(1) and Rule 80(3))
- Reconciles value of supplies declared in returns with the audited annual financial statement.
- Time limit for late annual return
- Not allowed after 3 years from the due date (section 44(2))
- Government may allow it by notification, on Council's recommendation, with conditions.
- Production of records in a departmental audit (section 71(2))
- Within 15 working days of demand, or further period allowed
- Records include trial balance, audited accounts, cost audit report and income-tax audit report, if any.
- Late fee on annual return (section 47(2))
- Late fee = ₹100 × number of days of delay, subject to a maximum of 0.25% × turnover in the State or UT
- Charge the lower of the two figures. Count days from the day after the due date until the date of filing.
- Due date of annual return (Rule 80)
- 31 December following the end of the financial year
- The rule text covers GSTR-9 and GSTR-9A. The date can be extended by notification, so read the question.
- Late fee cap on other returns (section 47(1))
- ₹100 per day, maximum ₹5,000
- Applies to section 37, 39, 45 and 52 returns, not to the annual return.
- Mode of payment of late fee and interest (Rule 85(4))
- Pay by debiting the electronic cash ledger
- Input tax credit in the electronic credit ledger cannot be used for late fee or interest.
- Interest on unpaid tax (Rule 88B(2))
- Interest = tax unpaid × notified rate × days from due date of payment to date of payment ÷ 365
- The rate comes from a notification under section 50(1). Use the rate given in the question.
- Reconciliation statement threshold (Rule 80(3))
- GSTR-9C is required if aggregate turnover in the financial year exceeds ₹5 crore
- It is filed with GSTR-9 by the same due date.
Quick revision
- Section 44 requires every registered person to file an annual return, with a possible self-certified reconciliation statement.
- Excluded: Input Service Distributor, persons paying tax under section 51 or 52, casual taxable person, non-resident taxable person.
- Government departments audited by the CAG, or by an auditor appointed for local authorities, are outside Section 44.
- Form GSTR-9 is the annual return for regular taxpayers.
- Persons paying tax under section 10 file GSTR-9A.
- E-commerce operators collecting tax at source under section 52 file the annual statement in GSTR-9B.
- Due date under Rule 80: 31 December following the end of the financial year.
- GSTR-9C is required if aggregate turnover in the financial year exceeds ₹5 crore.
- GSTR-9C is a self-certified reconciliation statement, filed with the annual return.
- Late fee under Section 47(2): ₹100 per day, up to a quarter per cent of turnover in the State or Union territory.
- The annual return cannot be filed after three years from its due date, unless the Government allows it by notification.
- Nil returns in GSTR-3B, GSTR-1 and CMP-08 can be filed by SMS under Rule 67A.
Common mistakes
- Saying small taxpayers are exempt by section 44 itself. Fix: Section 44 has no turnover threshold. Exemption comes only from a notification under the first proviso.
- Requiring GSTR-9C for turnover of exactly ₹5 crore. Fix: Rule 80(3) applies only where aggregate turnover exceeds ₹5 crore.
- Treating Table 8 as a place to claim extra ITC. Fix: Remember Table 8 is a comparison of the auto-populated credit with the ITC availed in Table 6. Credit is availed in Table 6.
- Putting zero rated supplies made without payment of tax in Table 4. Fix: Exports without payment of tax go to Table 5. Only exports with payment of tax go to Table 4.
- Stating GSTR-9A as the current annual return of a composition taxpayer. Fix: Write that GSTR-4 is the annual return under Rule 62(1)(ii), and mention GSTR-9A only as the earlier form.
- Giving 30 April as the GSTR-4 due date for every year. Fix: For FY 2024-25 onwards, write 30 June. Always check the financial year in the question.
- Saying a CA or CMA must certify GSTR-9C. Fix: Quote Rule 80(3) as it now stands: a self-certified reconciliation statement.
- Applying the ₹2 crore limit. Fix: The present limit is aggregate turnover exceeding five crore rupees.
- Applying the ₹5,000 maximum to the annual return. Fix: Annual return falls under section 47(2). The cap is 0.25% of turnover in the State or UT.
- Counting the due date itself as a day of delay. Fix: The failure starts on the day after 31 December. Count from 1 January through the filing date.
Exam tips
- Learn the five excluded classes by heart and add the CAG-audited government body proviso.
- Check turnover wording: GSTR-9C applies where turnover exceeds ₹5 crore.
- In MCQs, watch for forms: GSTR-9 regular, GSTR-9A composition, GSTR-9B e-commerce operator, GSTR-9C reconciliation.
- For small-taxpayer relief, write that it arises only through a notification on Council recommendation. Do not invent a limit.
- Quote section 44(2) for late filing: three years from the due date unless the Government allows more.
- Learn the part and table map cold. MCQs often ask which table reports a given item.
- In written answers, name the table number and the part together, then explain in one line why the item goes there.
- For ITC questions, show Tables 6, 7 and 8 in order. Calculate net ITC after Table 7, but compare the Table 6 figure, not the net figure, with the auto-populated ITC in Table 8.