Filing of returns under GST

Circular No.ES/ 264/2017-18 December 30, 2017

To: Members of the Council

Sub: Filing of returns under GST

Dear Member,

We would like to inform you that the Central Board of Excise and Customs (CBEC) has issued Circular No. 26/26/2017- GST dated 29.12.2017 regarding the filing of returns under GST.

As you may be aware, the GST Council had taken certain decisions with regard to filing of returns by taxpayers in its 23rd meeting held at Guwahati on 10th November 2017.

Subsequently, various representations have been received seeking clarifications on different aspects of return filing such as return filing dates, applicability and quantum of late fee, amendment of errors in submitting / filing of FORM GSTR-3B and other related queries.

In this connection, the Board has clarified the issues as follows:-

GSTR-1

Quarterly Returns (Taxpayers with Annual Turnover upto Rs. 1.5 Crore who opt for Quarterly return filing)

Period (Quarterly)	Due dates
July- Sept	31st Dec 2017
Oct- Dec	15th Feb 2018
Jan- Mar	30th April 2018

For Taxpayers with Annual turnover of more than Rs 1.5 cr and for Taxpayers with the Annual turnover of upto Rs 1.5 cr (who opt for monthly return filing instead of Quarterly return filing)

Period (Quarterly)	Due dates
July to October	31st Dec 2017
November	10th Jan 2018
December	10^th Feb, 2018
January	10th Mar 2018
February	10th Apr 2018
March	10th May 2018

GSTR-2 and GSTR-3

GSTR-2 and GSTR-3 filing dates for July 2017 to March 2018 will be worked out later by a Committee of Officers

GSTR-3B

GSTR-3B has been extended to March 2018
All businesses to file GSTR-3B by 20th of next month till March 2018.

GSTR-4-
Due date for the quarter July-September, 2017 is 24th Dec 2017.

GSTR-5-
Due date for the period July-December 2017 is 31st January 2018.

GSTR-6-
Due date for July 2017 is 31st December 2017.

Other Due Dates-

TRAN-01 – 27th December 2017
ITC-01 – 31st January 2017

Due dates for All GST Returns-
These returns are as per the GST Act-

Return Form	Particulars	Frequency	Due Date
GSTR-1	Details of outward supplies of taxable goods and/or services effected	Monthly	10th of the next month
GSTR-2	Details of inward supplies of taxable goods and/or services effected claiming input tax credit.	Monthly	15th of the next month
GSTR-3	Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax.	Monthly	20th of the next month
GSTR-3B	Simple return for Jul 2017- Mar 2018	Monthly	20th of the next month
GSTR-4	Return for compounding taxable person	Quarterly	18th of the month succeeding quarter
GSTR-5	Return for Non-Resident foreign taxable person	Monthly	20th of the next month
GSTR-6	Return for Input Service Distributor	Monthly	13th of the next month
GSTR-7	Return for authorities deducting tax at source.	Monthly	10th of the next month
GSTR-8	Details of supplies effected through e-commerce operator and the amount of tax collected	Monthly	10th of the next month
GSTR-9	Annual Return	Annually	31st December of next financial year
GSTR-9A	Annual Return	Monthly	31st December of next financial year
GSTR-10	Final Return	Once. When registration is cancelled or surrendered	Within three months of the date of cancellation or date of cancellation order, whichever is later.
GSTR-11	Details of inward supplies to be furnished by a person having UIN and claiming refund	Monthly	28th of the month following the month for which statement is filed

Late filing

Return filing is mandatory under GST. Even if there is no transaction, you must file a Nil return.
You cannot file a return if you don’t file previous month/quarter’s return.
Hence, late filing of GST return will have a cascading effect leading to heavy fines and penalty.

Late fee & Interest

Interest is 18% per annum. It has to be calculated by the tax payer on the amount of outstanding tax to be paid. Time period will be from the next day of filing to the date of payment.

Late fee is Rs. 100 per day per Act. So it is 100 under CGST & 100 under SGST. Total will be Rs. 200/day. Maximum is Rs. 5,000. There is no late fee on IGST.

For delayed filing of NIL returns, late fee reduced from Rs 200 per day to Rs 20 per day.

Late fees for GSTR-3B of July, Aug and Sept waived. Any late fees paid for these months will be credited back in Electronic Cash Ledger under ‘Tax’ and can be utilized to make GST payments.

Types and Due dates of GST returns