GST Annual Return Analysis

GST Annual Return
Practicalities and Issues
@ Navi Mumbai Branch of WIRC
@ Vasai Branch of WIRC
06 & 07 Oct 18
Presenter: CA Jignesh Kansara
1
Private and Confidential.
Not for Circulation.

M/s. Jignesh Kansara & Associates
Disclaimer
• The information in this presentation was compiled from various sources
believed to be reliable and is for informational purpose only.
• While every efforts have been made to keep the information cited in this
presentation error free, we do not take the responsibility for any
typographical or clerical error which may have crept in while compiling
the information provided in this presentation. Further, the information
provided in this presentation are subject to the provisions contained
under different acts and reader is are advised to refer to those relevant
act before relying on our presentation. This presentation does not
purport to identify and deal with all the issues and provisions related to
subject and therefore should not be regarded as comprehensive /
sufficient for the purpose of decision making. Author does not
undertake any legal liability for any of the contents of this presentation.
The information provided is not, nor is it intended to be an advice on
any matter and should not be relied on as such. Professional advise must
be sought before taking any action on any of the information contained
in it.

Annual Return
• What is Return ?
• Why Annual Return ? Purpose and Intention ?
• Expectation of Users from Annual Return
• Legislative History of Annual Return / Audit – BST / MVAT / Service
Tax / Excise.
• Flow of Transactions : GSTR1-2A-2-1A-3-3B
Slide 3

Annual Return – Statutory Provision
44(1) CGST Act.
• Every registered person, (Even if not covered in audit)
• other than
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 electronically
in such form and manner as may be prescribed
• on or before the thirty-first day of December following the end of
such financial year.
• No Turnover Threshold for furnishing Annual Return.
Slide 4

Annual Return – Statutory Provision
• CGST Rule 80
• Prescribed Annual Return Form : GSTR – 9
• Separate Annual Return form for
 composition suppliers - Form GSTR-9A and
 E-commerce operators - FORM GSTR-9B (NA for FY 1718)
• Due date : on or before 31st December following the end of the
financial year.
5

Switch Over issue- GST Annual Return.
Taxpayer has shifted to Composition scheme from Normal scheme in the
mid of the year in 2017-18
• Whether Tax payer will have to file GSTR – 9 or GSTR-9A or both for FY
1718 ?
• Whether system will allow filing both Annual Return for single FY ?
• Extract from Forms.
 GSTR 9: Table 1 : Financial Year
 GSTR 9A Table 4 : Period of Composition Scheme during the year ,
(Form ________ to _________)
 GSTR-9C , Table 5Q refers only to GSTR-9 and not GSTR-9A
 GSTR-9C, Table 5L permits Reduction of Turnover for the period
under composition.
6

Audit / Annual Return
Formstobefiled
Normal Dealer FORM GSTR-9
Normal Dealer
subject to Audit
FORM GSTR-9 + Form GSTR
9-C+ Audited Annual
Accounts + Other docs.
Composition
Dealer
FORM GSTR-9A
Ecommerce FORM GSTR-9B
7

Consequences Non Compliances
Non Filing of Annual Return Sec 47(2)
 Late fee Rs. 100 per day subject to a maximum of a quarter
percent (0.25%) of the turnover in a State/UT
 Uniform penalty even for NIL Annual Return.
8

What if not done ……
• Whether ITC of FY 1718 will be lost if not claimed in 3B Return of
September 2018?
• Whether RCM ITC of FY 17 18 will be lost, if not paid and claimed
in 3B Return of September 2018?
• Whether Tax payer is require to disclose all its undisclosed Sales
Invoices and Debit Notes / correct all its mistakes in disclosure of
Sales Invoices and Debit Notes of FY 1718 by 31st October 2018?
• Whether Tax payer is require to disclose all its undisclosed Credit
Note /correct all its mistakes in disclosure of Credit Notes of FY
1718 by 31st October 2018?
9

What if not done ……
• Annual Ratio (Exempt / Total) is not worked out and disclosed in
GSTR-3B September 2018
• Situation 1:
• Reversal for Exempt Supply was never made in GSTR-3B (July 18 –
Sep 18)
• Situation 2:
• Excess Reversal was made in GSTR-3B (July 18 – Sep 18)
• Situation 3:
• Short Reversal was made in GSTR-3B (July 18 – Sep 18)
10

Importance of Annual Return
Section 16(4) : No ITC can be claimed for a Financial year after
 the due date of furnishing of the return under section 39 (GSTR-3B-
20 Oct 2018) for the month of September following the end of
financial year to which such invoice or invoice relating to such debit
note pertains or
 furnishing of the relevant annual return,
 whichever is earlier.
 Issues : Whether 3B is a return ref u/s 39?
Section 34(2)
 Credit Note for reduction of Value or tax shall be disclosed in Return
but not later than September following the end of the financial year
in which such supply was made, (Word due date is missing) or
 the date of furnishing of the relevant annual return, whichever is
earlier 11

Section 36(2) : Period of retention of accounts
 Until the expiry of 72 months from the due date of furnishing of
annual return for the year pertaining to such accounts and records
Section 37(3) Proviso :
 Provided that no rectification of error or omission in respect of
the details furnished under sub-section (1) (GSTR-1) shall be
allowed
 after furnishing of the return under section 39 for the month of
September following the end of the financial year to which such
details pertain (Word due date is missing) , or
 furnishing of the relevant annual return,
 whichever is earlier.
12

• Provided that no rectification of error or omission in respect of the
details furnished under sub-section (2) (GSTR-2) shall be allowed
• after furnishing of the return under section 39 for the month of
September following the end of the financial year to which such
details pertain (Word due date is missing) , or
• furnishing of the relevant annual return,
• whichever is earlier
• GSTR-2 is postponed
13

• Provided that no such rectification of any omission or incorrect
particulars shall be allowed
• after the due date for furnishing of return for the month of
September or second quarter following the end of the financial
year, or
• the actual date of furnishing of relevant annual return,
• whichever is earlier.
Section 62(1)
Completion of Best Judgment Assessment Order for failure to Furnish
Returns
within a period of five years from due date for furnishing of the
annual return
14

Section 63: Assessment of Unregistered Person
Time limit to complete such assessment : five years from due date
for furnishing of the annual return
Section 73(10)
 Tax not paid or short paid or erroneously refunded or input tax
credit wrongly availed or utilised
 for any reason other than fraud or any wilful misstatement or
suppression of facts
 Time limit to complete such assessment : 3 years from due date
for furnishing of annual return for the financial year
15

 Section 74(10)
• Tax has not been paid or short paid or erroneously refunded or
where input tax credit has been wrongly availed or utilised
• by reason of fraud, or any wilful-misstatement or suppression of
facts to evade tax,
• Time limit to complete such assessment : 5 years from due date
for furnishing of annual return for the financial year
16

GST Annual Returns - Brief
 Compilation/consolidation of Returns ?
 Mechanism to rectify errors?
 Consolidation of 15 months Returns (Outward Supply GSTR1, RCM and ITC
GSTR3B) containing transaction of July 17 to March 18.
 If any Transaction of July 17 to March 18 are not disclosed / rectified in Returns,
same will not appear / Wrong details will appear in Annual Return.
 Certain details asked for are not captured in GSTR-3B / GSTR-1 / Books.
 Authorities have presumed that original returns are correctly filed and if not
at least corrected till September 18 Return.
 Instructions are not happily worded.
17

Annual Return –Birds Eye view.
Sr no Part Description Remark
1 I Basic Details GSTIN
2 II Details of Outward and Inward
Supplies declared during the
FY
Table 4 and 5
Only if disclosed in the Returns filed
for July 17 to March 18
3 III Details of ITC declared in
returns filed during the FY
Table 6, 7 and 8
Except Table 8C , only if disclosed in
Returns filed for July 17 to March 18
4 IV Details of Tax paid as declared
in Returns field during the FY
Table 9,
only if disclosed in Returns filed for
1718
5 V Particulars of transactions for
July 17 to March 18 declared
in Returns of Apr 18 to Sep 18
Table 10 to 14.
Only if transaction pertains to July 17
to March 18 and disclosed in Returns
filed for Apr 18 to Sep 18
6 VI Other information. Table 15 to 19.
No instructions as to Period.
July 17 to Sep 18 ? 18

Table 4 V/s Table 5
Table 4:
What to disclose ?
• Details of advances,
• inward and
• outward supplies
• on which tax is payable
IF
• declared in returns filed
during the financial year
(July 17 to March 18 Return)
19
Table 5 :
Details of Outward supplies
on which tax is not payable
declared in returns filed during
the financial year

Table 4A V/s 4B
Table 4A :
What to disclose?
Taxable Supplies made to un-
registered persons (B2C)
Source :
GSTR-1 Table 5, 7, 9, 10
Returns of : Jul-17 to Mar-18
Net of credit notes or debit
notes
B2CL + B2CS
20
Table 4B :
Taxable Supplies made to
registered persons (B2B) /UIN
GSTR-1 Table 4A and 4C
Jul-17 to Mar-18
Gross Reporting, credit notes or
debit notes Separately (4I and 4J)

Table 4C V/s 5A
Table 4C :
What to disclose?
Zero rated supply (Export) on
payment of tax (except supplies
to SEZs). Goods + Services
Source :
GSTR-1 Table 6A
Gross Reporting
21
Table 5A :
Zero rated supply (Export)
without payment of tax
Goods + Services
GSTR-1 Table 6A
Jul-17 to Mar-18
Gross Reporting

Table 4D V/s 5B
Table 4D :
What to disclose?
Supply to SEZs on payment of
tax.
Goods + Services
Source :
GSTR-1 Table 6B
Gross Reporting
22
Table 5B :
Supply to SEZs without payment
of tax
Goods + Services
GSTR-1 Table 6B
Jul-17 to Mar-18
Gross Reporting

Table 4E: Deemed Exports
Includes :
supplies in the nature of deemed exports on which tax has been paid
Precaution:
 Gross Reporting, credit notes or debit notes Separately (4I and 4J)
Source : Table 6C FORM GSTR-1
 section 147 of the CGST Act read with Not. No. 48/2017-CT dated
18.10.2017)
 Customs Exemption : IGST + Cess.
 No Zero Rating.
 Either Party can claim Refund.
23

Table 4F : Year end Advances
Advances on which tax has been paid but invoice has not been issued
till 31st March 18
Includes :
 Unadjusted advances on which tax is payable, Invoice not raised.
 Services.
 Goods
Precaution:
 Net basis
Source : Table 11A FORM GSTR-1
24

Table 4G V/s 5C
Table 4G :
What to disclose?
Inward supplies on which tax is
to be paid on reverse charge
basis
Source :
Table 3.1(d) GSTR-3B
Net Reporting
Increase liability of Person filing
Annual Return.
9(3)+9(4)+5(3)+5(4)+Import of
Services+ Advance paid
25
Table 5C :
Outward Supplies on which tax is
to be paid by the recipient on
reverse charge basis
Table 4B of FORM GSTR-1
Jul-17 to Mar-18
Gross Reporting
Does not affect Tax liability of
Person filing Annual Return

Table 4I V/s 5H
Table 4I :
Credit Notes issued in respect
• B 2 B supplies (4B),
• Exports (4C),
• Supplies to SEZs (4D) and
• Deemed exports (4E)
Only Credit Note with GST
impact to be disclosed??
Pre GST Credit note ??
26
Table 5H :
Credit notes issued in respect of
• Export without IGST (5A)
• Supplies to SEZ (5B),
• Supplies on which tax is payable
by the recipient on RCM (5C)
• Exempted Outward Supply (5D)
• Nil Rated (Table 5E)
• Non-GST Supplies (Table 5F)
Jul-17 to Mar-18

Table 4J V/s 5I
Table 4J :
Debit Notes issued in respect
• B 2 B supplies (4B),
• Exports (4C),
• Supplies to SEZs (4D) and
Only Debit Note with GST
impact??
27
Table 5I :
Debit Notes issued in respect of
• Export without IGST (5A)
• Supplies to SEZ (5B),
• Supplies on which tax is payable
by the recipient on RCM (5C)
• Exempted Outward Supply (5D)
• Nil Rated (Table 5E)
• Non-GST Supplies (Table 5F)
Jul-17 to Mar-18

Table 4K V/s 4L
Table 4K:
Amendments in the nature of
Addition either for Tax or Value
of:
• B to B supplies (4B)
• Exports (4C)
• Supplies to SEZs (4D)
• Credit notes (4I) and
• Debit notes (4J)
Table 9A / 9C of FORM GSTR-1
28
Table 4L :
Reduction either for Tax or Value
of:
• B to B supplies (4B)
• Exports (4C)
• Supplies to SEZs (4D)
• Credit notes (4I) and
• Debit notes (4J)
• Refund Vouchers
Table 9A / 9C of FORM GSTR-1

Table 5J V/s 5K
Table 5J:
Addition for Non Taxable
Supply of :
• Exports (except supplies to
SEZs) (5A)
• Supplies to SEZs on which tax
has not been paid (5B)
Table 9C of FORM GSTR-1
29
Table 5K :
Reduction for Non Taxable
Supply of:
• Exports (except supplies to
SEZs) (5A)
• Supplies to SEZs on which tax
has not been paid (5B)
Table 9C of FORM GSTR-1

Issue : Supplies / Tax Declared through Amendment
30
 Originally B2B Taxable supply shown at Rs. 100, later on Amended to
Rs. 120. How to disclose this Amendment?
 Rs. 100 in Table 4B and Rs. 20 in Table 4K or Rs. 120 in Table 4K ?
 B2C Amendment, Whether allowed ?
 Whether Reportable in Table 4K and 4L or to be ignored altogether ?
4K Supplies / tax declared through Amendments (+) (Taxable Supplies)
4L Supplies / tax reduced through Amendments (-) (Taxable Supplies)
5J Supplies declared through Amendments (+) (Non Taxable Supplies)
5K Supplies reduced through Amendments (-) (Non Taxable Supplies)

Table 5D,E & F : Exempted / Nil Rated / Non GST Supply
31
Table
Ref
Particulars
5D Exempted
5E Nil Rated
5F Non-GST supply
5H Credit Notes issued in respect of transactions
5I Debit Notes issued in respect of transactions
5J Supplies declared through Amendments (+)
5K Supplies reduced through Amendments (-)
Instructions 5H,5I, J & K :
 Debit /Credit note in respect of Exempted, Nil Rated, Non GST Supply to be
shown separately.
 Amendment in respected of Exempted, NIL Rated, Non GST supply not to
be disclosed separately .
 In GSTR-3B and GSTR-1 , Amendments, Debit / Credit notes of Exempt /
Nil Rated / Non GST were to be adjusted and never shown separately.

Exempted / Nil Rated / Non GST Supply
32
 Exempt Supply wrongly shown in 3B and / or GSTR-1 and
assuming no subsequent exempt supply, whether such wrong
reporting to be re produced in Annual Return ?
 Many Tax payers have shown Reimbursement as Exempt in 3B & 1,
same to be reported wrong again.
 Relevance of Information sought in detailed manner ?
Instructions : 5D, E and F
Aggregate value of exempted, Nil Rated and Non-GST supplies shall be
declared here. Table 8 of FORM GSTR-1 may be used for filling up these
details. The value of “no supply” shall also be declared here
Definition of NO Supply ? Proposed New GST Returns
Source : Table 8, GSTR-1

Table 6 : Details of ITC Availed
General Comments
 Details of ITC availed as declared in returns (GSTR-3B) filed for July
17 to March 18
 Detailed Bifurcation of Credit availed between Inputs, Capital
Goods and Input Services
 Details asked for may not captured in 3B / Accounting Software
 Input and Inputs services are at par except for inverted duty
refund.
 Capital Goods except for ITC Refund are at par with Input and
Input Services
 Table 13. Does not ask for such bifurcation ???
 If Taxable person has wrongly claimed ITC Net of Reversal in GSTR-
3B, How to report reversal in Table 7.
33

Table 6 and Table 7
Table 6:
What to disclose?
Details of ITC availed
IF
the financial year
34
Table 7 :
Details of ITC Reversed and
Ineligible ITC
the financial year

Table 6A
Total amount of input tax credit availed through FORM GSTR-3B
(sum total of Table 4A of FORM GSTR-3B)
 Auto Populated from GSTR-3B of July 17 to March 18
 Gross ITC Available before reversal. (Whether in Part or full)
35

Table 6B V/s 6H
Table 6B:
ITC availed on Normal Inward
supplies
Including
• Services received from SEZs
Excluding
• Imports Goods and Services
• Inward supplies liable to RCM
• ISD
• Table 6H
Table 4(A)(5) of FORM GSTR-3B
36
Table 6H :
value of input tax credit availed,
reversed and reclaimed

Table 6A,6B and 6H
• E.g. During July 2017 to March 2018, total ITC availed was Rs.1000.
• Out of that credit reversed as per Rule 37 Rs. 100, shown in Table
4(B)(2) of GSTR 3B.
• Out of the amount reversed, total payment to vendor for amount
pertaining to credit of Rs.50 was made in FY 1719 itself and on
payment such credit was reclaimed in Table 4(A)(5).
• How this transaction will appear in GSTR-9?
37
Table Remark Rs.
6A Originally claimed + Reclaimed 1050
6B Originally claimed 1000
6H Reclaimed Amount 50
7A Reversal as per Rule 37 100
13 Presuming balance is paid later on 50

Table 6C V/s 6D
Table 6C:
Inward supplies received from
unregistered persons liable to
reverse charge on which tax is
paid & ITC availed
GSTR-3B, 4(A)(3)
Inward supply from 9(4) vendors
+ Unregistered 9(3) Vendors
38
Table 6D :
Inward supplies received from
registered persons liable to
reverse charge on which tax is
paid and ITC availed
GSTR-3B, 4(A)(3)
Inward supply from Registered
9(3) Vendors

Table 6E V/s 6F
Table 6E:
Import of Goods including
Supplies from SEZ
Bill of Entry.
GSTR-3B, 4(A)(1)
39
Table 6F :
Import of services (excluding
inward supplies from SEZs)
Import of Service as per Place of
Supply Provisions, RCM is payable
IGST Notification 10/2017 and
Sec 13 IGST.
GSTR-3B, 4(A)(2)

Table 6K V/s 6L
Table 6K:
TRAN I Credit (Including
Revision)
TRAN I Form & ECL
40
Table 6L :
TRAN II Credit
TRAN II Form July 17 to
December 17 & ECL

Table 6G & 6 M:
Table 6G. Input Tax credit received from ISD:
Applicable only if ITC as distributed by ISD is availed
Table 6M: Any other ITC availed but not specified above
Residuary head for balance ITC
Includes
 ITC-01 –
 Applied for Registration within 30 days, Granted Registration, ITC
on Inputs as on date from Registration.
 ITC-02
 Declaration for transfer of ITC in case of sale, merger, demerger,
amalgamation, lease or transfer of a business
41

Table 7: ITC Reversed and Ineligible
Details of ITC Reversed and Ineligible ITC as declared in returns filed
during the financial year
42
Table Description Details
7A As per Rule 37 Reversal of input tax credit in the case of non-
payment of consideration within 180 days.
7B As per Rule 39 Reversal of ITC account of issuance of a credit note
(earlier wrong distribution) by Input Service
Distributor
7C As per Rule 42 Inputs or Input services partly used for the
purposes of business, partly used for effecting
taxable supplies
42(1)(m) : Monthly Reversal
42(2)(a) : Yearly Reversal.
7D As per Rule 43 Capital Goods partly used for the purposes of
business , partly used for effecting taxable
supplies. Monthly Reversal.

Table 7: ITC Reversed and Ineligible
43
Table Description Details
7E As per section 17(5) Block Credit.
7F Reversal of TRAN-I
credit
KKC, Department Scrutiny etc
7G Reversal of TRAN-II
credit
Error etc.
7H Other reversals (pl.
specify)
• FORM ITC -03 - ITC Reversal on opting for
composition in respect of Inputs and
capital goods.
• TRAN Credit wrongly claimed in GSTR-3B
7I Total ITC Reversed @sum (7A to 7H)
7J Net ITC available for
Utilisation
Table 6 Final Answer Less 7I

Issue in Table 8A : Whether GSTR-2A linking Is valid.
44
Instructions 8A :
The total credit available for inwards supplies (other than imports and
inwards supplies liable to reverse charge but includes services received
from SEZs) received during 2017-18 and reflected in FORM GSTR-2A (table
3 & 5 only) shall be auto-populated in this table. This would be the
aggregate of all the input tax credit that has been declared by the
corresponding suppliers in their FORM GSTR-I.
Details as on which date will auto populate?
 Date of Filing of Annual Return
 21st October 2018
 21st April 2018
Part III: Details of only as per Returns Filed for July 17 to March 18
What if Vendor has filed Returns after date of filing Annual Return?

Issue in Table 8A: Fallacy of GSTR-2A.
Section 16(2) CGST Act :
 Receipt of Tax Invoice
 Received Goods and Services
 Supplier must have paid taxes either in cash or admissible ITC
 Recipient have filed 3B Return.
 GSTR-2A ( Supplier GSTR-1) is not proof of Tax payment
 Mr. X purchased Goods form Mr. Y. Mr. Y has purchased from Mr.
Z, hawala operator. Mr Y has filed GSTR-1 as well as 3B and Output
liability is discharged by way of ITC on purchase from Hawala
Operator. Whether Mr X is eligible for ITC . Whether GSTR-2A will
override 16(2) ?
45

GSTR2A < ITC claimed.
GSTR-2A : Rs. 2 Lakhs
ITC claimed upto March 18 : 1.50 Lakhs
ITC claimed from April 18 to Sep 18 (for July 17 to March 18) 1 Lakh.
Ineligible Credit : 25000
Tax payer has chosen to ignore small Credit of Rs. 1000 for petty invoices.
46
SN
8A ITC As per GSTR-2A 2,00,000
8B ITC as per sum total of 6(B) and 6(H) above 1,50,000
8C ITC on inward supplies received during 2017-18 but availed
during April to September, 2018
1,00,000
8D Difference [A-(B+C)] – Whether allowed ? Consequences
???
(50000)
8E ITC available but not availed (out of D) 1000
8F ITC available but ineligible (out of D) 25000
8K ITC lapsed ??? ???

Issue : 20th October Unrealistic due date to claim ITC
Due date for GSTR-1 of Aug and Sep 18, if Turnover more than 1.5 Crore:
Notification No. 44/2018 – Central Tax
31st October 2018
GSTR-1 (July to Sep) Turnover less than 1.5 Crore:
31st October 2018
Newly migrated Dealers
31st December 2018
Can Tax payer legally claim Input Tax Credit in 3B without reflection in
GSTR-2A ?
Many Taxable person facing TRAN 1 issues are not filing Returns.
ITC upto date of filing of Annual Return should be allowed.
47

IGST of FY 1718 : Soft Target for Lapsed Credit.
IGST paid in March 18 Rs. 5 Lakh on import of Goods.
Credit availed in March 18 : NiL
Credit availed in April 18 : 5 Lakhs
How to disclose?
48
SN Details Amount
8G IGST paid on import of goods (including supplies from SEZ)
Instructions :
Aggregate value of IGST paid at the time of imports
(including imports from SEZs) during the financial year shall
be declared here. New Details – as per Books.
5 Lakhs
8H IGST credit availed on import of goods (as per 6(E) above)
Instructions :
The input tax credit as declared in Table 6E shall be auto-
populated here
NIL
8J/K ITC lapsed 5 Lakhs.

Issue in Table 8A and 8B
• E.g. During July 2017 to March 2018, total ITC availed was Rs.1000.
• Out of that credit reversed as per Rule 37 was Rs. 100 which was
shown in Table 4(B)(2) of GSTR 3B.
• Out of the amount reversed, payment for amount pertaining to
credit of Rs.50 was made in March itself and such credit was
reclaimed in Table 4(A)(5).
• How this transaction will appear in GSTR-9.
49
Table Remark Rs.
6A Originally claimed + Reclaimed 1050
6B Originally claimed 1000
6H Reclaimed Amount 50
8A ITC As per GSTR-2A 1000
8B 6B+6H (Mismatch) (Auto) 1050

Table 8E V/s 8F
Table 8E:
ITC available (in GSTR-2A) but
not availed
ITC Forgone
Loss to entity other than by
provision in law
50
Table 8F :
ITC available (in GSTR-2A) but
ineligible
Section 17(5)
Section 17(2)
Loss due to Provision in Law

Table 8 K : ITC on RCM – whether Immune from Reversal ?
 Whether Tax paid on RCM is not subject to Lapsing Provision
 Whether Tax paid on RCM can’t be ineligible ?
 Annual Return Table 8K just talks about Credit lapsed from 2A and
Import of Goods (Technically does not appear in 2A)
 Tax paid on RCM also does not appear in 2A, details of credit
lapsed for such tax paid not captured in Table 8 K.
51

Issue in Table 8C
• ISD Credit is reflected in GSTR-2A table 6.
• Table 8A of GSTR-9 is mapped only with Table 3 & 5 of GSTR-2A,
whereas ISD Credit appears in GST-2A Table 6.
• 8B, as mapped with 6B and 6H and due to Separate Table 6G will
not have ISD Credit claimed in July to March 18 Return .
• Unless prohibited in instructions tax payers may include ISD Credit
claimed in April 18 to September Return in 8C and this may cause
mis match in 8D.
• Whether ISD credit will also subject to lapsing provision.
Slide 52

Table 9 V/s Table 14
Table 9:
What to disclose?
Details of tax paid
Declared in returns filed during
the financial year
53
Table 14 :
Details of Differential tax paid
Declared in returns of April to
September of current FY
(April 18 to September 18
Return)

Issue in Table 9 V/s 3B – Penalty never Declared in 3 B Returns filed.
54

Table 4K,5J V/s 10
Table 4K & 5J :
Supplies / tax declared through
Amendments (+)
Additions or amendments to
any of the supplies declared in
the returns of July 17 to march
18 and amendments were also
furnished in July 17 to March 18
GSTR-1.
4K : Taxable, 5J: Exempt
Table 4A,9A & 9C of GSTR 1
Gross Reporting
55
Table 10 :
Supplies / tax declared through
Amendments (+) (net of debit
notes)
Additions or amendments to any
of the supplies declared in the
returns of July 17 to march 18 but
amendments were furnished in
April 18 to September 18 GSTR-1.
10 : Taxable + Exempt
Net Reporting

Table 4L,5K V/s 11
Table 4L & 5K :
Supplies / tax reduced through
Amendments (-)
Reduction to any of the supplies
declared in the returns of July
17 to march 18 and
amendments were also
furnished in July 17 to March 18
GSTR-1.
4l : Taxable, 5K: Exempt
56
Table 11 :
Supplies / tax reduced through
Amendments (-) (net of Credit
notes)
Reduction to any of the supplies
declared in the returns of July 17
to march 18 but amendments
were furnished in April 18 to
September 18 GSTR-1.
11 : Taxable + Exempt

Table 10 & 11 : Amendments / Add / Subtraction of Supplies declared.
In July 17 Returns, Outward supply shown as under :
Situation : 1 GSTR-3B 90000 (Wrong Figure)
GSTR-1 100000 (Correct Figure)
Changes carried out in 3B of September 18.
Situation 2: GSTR-3B 100000 (Correct Figure)
GSTR-1 90000 (Wrong Figure)
Amendment were carried out in GSTR-1 of Sep 18.
How to disclose such changes / amendment in GSTR-9.
Instructions : 10 & 11
Details of additions or amendments to any of the supplies already
declared in the returns of the previous financial year but such
amendments were furnished in Table 9A, Table 9B and Table 9C of
FORM GSTR-1 of April to September of the current financial year or date
of filing of Annual Return for the previous financial year, whichever is
earlier shall be declared here. 57

Issue in Table 10 and 11 for B2C
GSTR-1 Table 5 : B2CL : Invoice level state wise reporting.
GSTR-1 Table 7: B2CS : Gross State level reporting.
GSTR-1 Table 9 : Invoice level amendment including Table 5, B2CL
GSTR1 Table 10: Amendment Table for B2CS
Tax payer has amended (addition or reduction) in B2CS invoices
reflected in July 17 GSTR-1 in September 18 Return, where to reflect
such amendment in GSTR-9
Instruction : 10 & 11 : Refers only to Table 9A,9B and 9C of GSTR-1
Slide 58

Issue in Table 10 and 11 for Non Taxable Supply
Slide 59
• What about Supplies on Which Tax is not payable in (Table 5 of GSTR-9
• Are we not suppose to disclose / amend non taxable supply
transactions appearing in Return of April 18 to September 18 Return?
• How Gross Turnover / Taxable Turnover in Audit report will match ?
• Instructions 7F of GSTR-9C : refers to only 4N and not to 10 and 11

Table 7:
What to disclose?
Details of Reversal and
Ineligible ITC
IF
the financial year
Detailed Disclosure
4(B) of GSTR-3B
60
Table 12 :
Details of Reversal and
Ineligible ITC of Previous FY
declared in returns of April to
September of current FY
(April 18 to Sep 18 Return)
Single figure Disclosure.
4(B) of GSTR-3B

Table 6:
What to disclose?
Details of ITC availed
IF
the financial year
Detailed Disclosure
61
Table 13 :
Details of ITC of Previous
Financial year availed in
returns of April to September of
current FY
Return)
Single figure Disclosure.

Issue in Table 14
62
 Whether Table 12 and 13 will not
involve payment / Interest ?.
Columns for Interest is missing.
 Whether such payment details are
not required ?
 Likelihood of Tax payment on
reduction of Supplies ?

Issue in Table 15A .
Table 15 A : Total Refund Claimed
Instructions : Aggregate value of refunds claimed
Whether disclosure of IGST paid export in Table 6A to be counted as
Aggregate value of Refund Claimed ?
Table 15D: Total Demand of Taxes
DRC provision – Demand Order raised by Adjudicating Authority
63

Table 16: Composition / Deemed Supply /sent on approval
64
 Details to be furnished as per Returns Filed during FY 1718 or in relation
to Returns filed for FY 1718 (including April 18 to September 18) ?
 Deemed Supply : How to Track ? ITC-04 not filed. UOM differs.
Additional Reporting Requirements.
 Goods Sold in FY 17-18, Returned in FY 18-19, whether to be reported
in GSTR-9 of FY 17-18 or FY 18-19
 Deemed Supply and Goods Sent on Approval Additional Reporting
Requirements.

Table 17 :
What to disclose?
HSN wise summary of Outward
Supplies
Period :
(July 17 to September 18
Return)
Table 12 of GSTR-1
 Annual Turnover upto ₹ 1.50 Cr =
Optional
 Annual Turnover >1.5 Cr <= 5.0 Cr =
2 digits
 Annual Turnover >5 Cr = 4 digits
65
Table 18 :
HSN wise summary of Inward
Supplies
(July 17 to September 18
Return)
New Reporting Requirements.
 Annual Turnover upto ₹ 1.50 Cr =
Optional
 Annual Turnover >1.5 Cr <= 5.0 Cr =
2 digits
 Annual Turnover >5 Cr = 4 digits

Table 17 : HSN wise Summary Outward Supplies
66
Instructions : 17 & 18
Summary of supplies effected and received against a particular HSN code to
be reported only in this table .
 Whether even Exempt/ Nil Rated Supplies to be disclosed
 Non GST Supplies will not have to be disclosed. How to get HSN Code.
 If wrong HSN were given in GSTR-1, can we amend now. Amendment
option for HSN table not present in GSTR -1
 Whether Taxable value as per Table 17 to be matched with Table 4 and
Table 5
 Common issue for Table 18

Table 18 : HSN wise Summary Inward Supplies
 Whether all Inward supplies or only Principal Inward supplies ?
 Whether disclosure is must even thought ITC is not availed
 Whether HSN to be disclosed even for ITC lapsed ?
 Whether HSN to be disclosed even for full reversal.?
 How Recipient (having Turnover more than 1.5 Crore) can capture
HSN on input Invoices from Vendor having Turnover less than 1.5
Crore .
 What if client has chosen to pay RCM (Unregistered person) at flat
rate of 18% to avoid HSN issues?
67

Interest Payment Reporting
Table 9:
If paid and offset in GSTR-3B of
(July 17 to April 18 Return)
68
Table 14 :
If paid and offset in GSTR-3B of
Return)

Lack of Space for Notes, Explanation, Exception, Disclosure
 GSTR-1 : Amendment table
 GSTR-3B : No Revision. Circular no. 26
 Many transaction could not be amended in GSTR1 as well GSTR 3B
 No scope for insertion of notes, explanation, exception
 Verification Para – True and Correct – Nothing has been
concealed
Explanation 2 to Section 74.––For the purposes of this Act, the
expression “suppression” shall mean non-declaration of facts or
information which a taxable person is required to declare in the
return, statement, report or any other document furnished under
this Act or the rules made thereunder, or failure to furnish any
information on being asked for, in writing, by the proper officer.
69

Other Details conspicuously missing.
 No linkage to Books. Whether Books are Irrelevant ? Certain
Transactions recorded in books, not appearing in Returns till Sep 18,
whether to be ignored ?
 Inter State Sale Wrongly shown in 3B and Correctly shown in GSTR-1,
IGST Wrongly paid in Cash 3B, How can we disclose such situation in
Annual Return ? How can we reclaim such wrongly paid tax.
 Instalment Situation – Tax payable but not paid – Whether utility will
allow filing of Annual Return or like 3B, Payment of Tax is must ? Guj
HC decision on instalment
 No Details about Pure Reimbursement ?
 Merchant Trade Transaction not disclosed in Returns, How to
incorporate such transactions in Annual Return ?
 Transitional Credit – Technical issue – Matter pending with Nodal
Officer – Whether to be disclosed ?
70

Scope for Improvement.
 ITC Reversal e.g. non payment 180 days not reported in GSTR-3B,
how to report in GSTR-9, presuming Tax payer is not in GST Audit ?
 Table 5, 5H, 5I, 5j, 5k viz. Debit / Credit notes , Amendment in
respect of exempted outward supply etc. Few Tax Fields are not
blocked
 Suitable Example be given for Table 10 and 11. E.g. Originally B2B
supply wrongly declared in GSTR-1 at Rs. 100000. Actual value of
Supply 90,000. How to disclose ?
Table 4A : Rs. 1,00,000 and Table 11: - 10,000
 No Space to disclose Final Result of Annual Return, Ie Refund /
Further Demand / Interest not paid etc.
 Whether Annual Return is serving intended purpose in its
present form?
71

Questions / Thanks
Slide No. 72
Thanks for
your time!Jignesh Kansara & Associates
B-1208, Wall Street , Chakala Junction, Near Holy
Family Church, Andheri East, Mumbai 93
Cell : +91 9987199329
Email : jignesh@jkaca.in
Website : www.jkaca.in

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