GST Filing - Unnati Consultants

GST Return

A GST return is a document containing details of all income/sales and/or expense/purchase which a taxpayer (every GSTIN) is required to file with the tax administrative authorities. This is used by tax authorities to calculate net tax liability.

Under GST, a registered dealer has to file GST returns that broadly include:

Purchases
Sales
Output GST (On sales)
Input tax credit (GST paid on purchases)

Who should file GST Returns?

In the GST regime, any regular business having more than Rs.5 crore as annual aggregate turnover has to file two monthly returns and one annual return. This amounts to 26 returns in a year.
The number of GSTR filings varies for quarterly GSTR-1 filers under QRMP scheme. The number of GSTR filings online for them is 9 in a year, including the GSTR-3B and annual return.
There are separate returns required to be filed by special cases such as composition dealers whose number of GSTR filings is 5 in a year.

What are the different types of GST Returns?
Here is a list of all the returns to be filed as prescribed under the GST Law along with the due dates.

GST filings as per the CGST Act subject to changes by CBIC Notifications

Return Form	Description	Frequency	Due Date
GSTR-1	Details of outward supplies of taxable goods and/or services affected.	Monthly	11th* of the next month with effect from October 2018 until September 2020. *Previously, the due date was 10th of the next month.
GSTR-1		Quarterly (If opted under the QRMP scheme)	13th of the month succeeding the quarter. Was end of the month succeeding the quarter until December 2020)
GSTR-2 Suspended from September 2017 onwards	Details of inward supplies of taxable goods and/or services effected claiming the input tax credit.	Monthly	15th of the next month.
GSTR-3 Suspended from September 2017 onwards	Monthly return on the basis of finalisation of details of outward supplies and inward supplies along with the payment of tax.	Monthly	20th of the next month.
GSTR-3B	Simple return in which summary of outward supplies along with input tax credit is declared and payment of tax is affected by the taxpayer.	Monthly	20th of the next month from the month of January 2021 onwards^ Staggered^^ from the month of January 2020 onwards upto December 2020.* *Previously 20th of the next month for all taxpayers.
		Quarterly	22nd or 24th of the month next to the quarter***
	^20th of next month for taxpayers with an aggregate turnover in the previous financial year more than Rs 5 crore or otherwise eligible but still opting out of the QRMP scheme. ^^ 1. 20th of next month for taxpayers with an aggregate turnover in the previous financial year more than Rs 5 crore. 2. For the taxpayers with aggregate turnover equal to or below Rs 5 crore, 22nd of next month for taxpayers in category X states/UTs and 24th of next month for taxpayers in category Y states/UTs ***For the taxpayers with aggregate turnover equal to or below Rs 5 crore, eligible and remain opted into the QRMP scheme, 22nd of month next to the quarter for taxpayers in category X states/UTs and 24th of month next to the quarter for taxpayers in category Y states/UTs Category X: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep. Category Y: Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha or the Union Territories of Jammu and Kashmir, Ladakh, Chandigarh and New Delhi.
CMP-08	Statement-cum-challan to make a tax payment by a taxpayer registered under the composition scheme under section 10 of the CGST Act (supplier of goods) and CGST (Rate) notification no. 02/2019 dated 7th March 2020 (Supplier of services)	Quarterly	18th of the month succeeding the quarter.
GSTR-4	Return for a taxpayer registered under the composition scheme under section 10 of the CGST Act (supplier of goods) and CGST (Rate) notification no. 02/2019 dated 7th March 2020 (Supplier of services).	Annually	30th of the month succeeding a financial year.
GSTR-5	Return for a non-resident foreign taxable person.	Monthly	20th of the next month.
GSTR-6	Return for an input service distributor to distribute the eligible input tax credit to its branches.	Monthly	13th of the next month.
GSTR-7	Return for government authorities deducting tax at source (TDS).	Monthly	10th of the next month.
GSTR-8	Details of supplies effected through e-commerce operators and the amount of tax collected at source by them.	Monthly	10th of the next month.
GSTR-9	Annual return for a normal taxpayer.	Annually	31st December of next financial year.
GSTR-9A(Suspended)	Annual return optional for filing by a taxpayer registered under the composition levy anytime during the year.	Annually until FY 2017-18 and FY 2018-19	31st December of next financial year, only up to FY 2018-19.
GSTR-9C	Certified reconciliation statement	Annually	31st December of next financial year.
GSTR-10	Final return to be filed by a taxpayer whose GST registration is cancelled.	Once, when GST 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 a refund	Monthly	28th of the month following the month for which statement is filed.

GST Refund Claim

Processing of timely GST refunds will help businesses and facilitate trade through the release of blocked working capital funds. Under GST, the GST Council created a standardized system to process GST refund claims in a simple procedure for the taxpayers. The entire GST refund claim and processing are done online on the GST Portal. In this article, we look at when the GST refund can be claimed by taxpayers.

When GST Refund Can Be Claimed?

A GST refund claim can arise on account of:

Export of goods or services.
Supplies to SEZs units and developers.
Deemed exports.
Refund of taxes on purchase made by UN or embassies etc.
Refund arising on account of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court.
Refund of accumulated Input Tax Credit on account of inverted duty structure other than Nil rated or fully exempt supplies.
Finalisation of provisional assessment.
Refund of pre-deposit.
Excess payment due to mistake.
Refunds to International tourists of GST paid on goods in India and carried abroad at the time of their departure from India.
Refund on account of issuance of refund vouchers for taxes paid on advances against which, goods or services have not been supplied.
Refund of CGST & SGST paid by treating the supply as intra-State supply which is subsequently held as inter-State supply and vice versa

Time Limit for Filing GST Refund Request

Under GST, the applicant should file GST refund claims within 2 years from the relevant date. If the claim is in order, the refund has to be sanctioned within a period of 60 days from the date of receipt of the claim. Interest on the withheld refund shall apply at the rate of 6%. An interest rate of 9% per annum shall apply on the delayed refund (beyond 60 days, arising from the order of authority/ court).

GST Refund Claim on Exports

One of the major categories under which, claim for GST refund arises is export. Exports (whether of goods or services), as well as supplies to SEZs, have been categorised under GST as Zero-Rated Supplies. Because the supply applies at zero per cent, the supplier can claim a refund of input tax credit paid.

Currently, exporters can claim a refund on zero-rated supplies under two options. Either the exporter can export under Bond/ LUT and claim a refund of accumulated Input Tax Credit or he may export on payment of integrated tax and claim refund. However, both the methods and delays in processing GST refunds have adversely impacted the working capital cycle of many businesses. Hence, the Government has announced the creation of an e-wallet facility for exporters to quicken and streamline the GST refund process.

Chartered Account Certificate for GST Refund

If a GST refund claim is less than Rs. 2 Lakhs, then a self-declaration of the applicant must be submitted to the effect that the incidence of tax has not been passed to any other person along with other documents listed below.

For GST refund claims exceeding Rs. 2 Lakhs, a certificate from a Chartered Accountant/ Cost Accountant must be submitted along with the documents below.

Documents Required for GST Refund

The applicant shall produce the following documents to claim GST refund:

GST Refund for Exports

If the applicant applies a refund claim on account of exports or supply to SEZ, the individual shall submit relevant invoice pertaining to the transaction. Along with the invoice, a statement containing the number and date of shipping bills or bills of export and the number and the date of the relevant export invoices, in a case where the refund is on account of export of goods must also be provided.

In case of GST refund on account of export of services, along with the tax invoices, the relevant bank realisation certificates evidencing receipt of payment in foreign currency is also required to be submitted.

GST Refund for Supply to SEZ

If a supplier claims GST refund to an SEZ unit, the applicant shall submit an endorsement from the Proper Officer evidencing receipt of such goods/ services in the SEZ along with the Tax Invoice. Further, the applicant shall produce declaration from the SEZ unit stating that the applicant yet to avail input tax credit of tax from the supplier. If the claim is for:

GST Refund for Accumulated Input Tax Credit

If the applicant applies GST refund claim only for the accumulated input tax credit, only a statement containing invoice details as prescribed in the GST refund rules must be submitted.

Its important to note that no refund of the unutilized input tax credit will be allowed on CGST and IGST paid, in case of the supply of services for the construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly.

Also, no refund of the unutilised input tax credit will be allowed for CGST and IGST, where the credit has accumulated on account of GST rate of tax on inputs being higher than the rate of tax on output supplies.

GST Refund on Account of Order

In case of a claim of GST refund on account of any order or judgment of appellate authority or court, the reference number of the order giving rise to refund should be given along with the relevant tax invoices.

Procedure for Claiming GST Refund

The refund application has to be submitted electronically in Form RFD 01 within two years from the respective date. The applicant should provide the refund application certified by a Cost Accountant or Chartered Accountant if the amount of refund exceeding Rs 2 lakhs.
The GST refund application may then either undergo inspection or an audit, as the case may be. After approval of the refund application, the taxpayer shall receive the GST refund amount claim in the registered bank account.