COMPLIANCES UNDER GST
REGISTRATION OF GST
The proposals in the report on the business processes for registration are based on the following assumptions:
- A legal person without GST registration can neither collect GST from customers nor will be able to claim input tax credit of GST paid by him.
- A person engaged in the supply of goods or services below the threshold of Gross Annual Turnover (GAT) including exports and exempted supplies (to be calculated on all-India basis) will not be required to take registration.
- Registration application must be filed within 30 days from the date of dealer’s liability for obtaining such registration. Effective date of registration would be the date of application, irrespective of whether the application has been filed within the prescribed time limit or not.
FILING OF RETURN
There will be common e-return for CGST, SGST, IGST and Additional Tax.
PERSONS OBLIGATED TO FILE GST RETURN
Every registered person will be required to file a return for the prescribed tax period, even if there is no business activity (i.e. Nil Return).
PERIODICITY OF RETURN FILING
- Common periodicity of returns for a class of taxpayers to be enforced.
- Different frequency for filing of returns for different class of taxpayers, after payment of due tax, either prior to or at the time of filing return.
The periodicity of return for different categories of taxpayers is as follows:
| RETURN /LEDGER | FOR | DUE DATE |
|---|---|---|
| GSTR 1 | Outward Supplies Made* | 10th of next month |
| GSTR 2 | Inward Supplies Received * | 15th of next month |
| GSTR 3 | Monthly Return* | 18th of the month next to quarter |
| GSTR 4 | Quarterly Return for compounding Taxpayer | 18th of the month next to Quarter |
| GSTR 5 | Periodic return by Non-resident Foreign Taxpayer | Last day of registration |
| GSTR 6 | Return for Input Service Distributor (ISD) | 15th of next month |
| GSTR 7 | Return for Tax Deducted at Source (TDS) | 10th of next month |
| GSTR 8 | Annual Return | 31st Dec of next financial year |
* Other than compounding taxpayer and ISD
- Normal taxpayers (including casual taxpayers) will have to file GSTR-1, GSTR-2 and GSTR-3 for each registration.
- Normal taxpayers with multiple registrations within a State would have to file GSTR-1, GSTR-2 and GSTR-3 for each of the registrations separately.
- Casual/Non-resident taxpayers (other than foreigners) will have to file GSTR- 1, GSTR-2 and GSTR-3 for the period for which they have obtained registration.
- Filing of returns would only be through online mode. Facility of offline generation and preparation of returns will also be available. The returns prepared in the offline mode will have to be uploaded.
MONTHLY RETURN
There would be separate returns for the outward supplies, inward supplies and a consolidated return based on these two returns. Besides that, there would be separate returns for ISD, nonresident taxpayers (foreigners) and tax deductors.
NON-FILING AND LATE FILING OF RETURN
- A defaulter list will be generated by the T system, in case of failure by the taxpayer to submit periodic return.
- GST common portal can auto-generate and send notice to all non-filers in the form of an email and SMS.
- GST Law may also provide for imposition of automatic late fees for non-filers and late filers which can also be in-built in the notices. It may also provide for adequate penal provisions for non-filing of return.