Returns, Matching Concept, Accounts & Records, under GST Law. Presentation by CA. Gaurav V Save GST Course for CA Students WIRC of ICAI June 07, 2017

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1 Returns, Matching Concept, Accounts & Records, under GST Law Presentation by CA. Gaurav V Save GST Course for CA Students WIRC of ICAI June 07, 2017

2 Agenda Returns & Matching Concept Accounts & Records Accounting Entries GST Preparations!! 2

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4 Introduction - Returns GST is a self-assessed destination based taxation system. The submission and processing of return is an important link between the taxpayer and tax administration as it is an important tool for: Providing seamless flow of tax credits, avoid cascading effects Finalization of the tax liabilities of the taxpayer within stipulated period of limitation Compliance verification program & compliance ratings of TxP Providing necessary inputs for taking policy decision Management of audit and anti-evasion programs of tax administration Presentation by CA. Gaurav V Save 4

5 Types of Returns & Action Points Form Particulars Due Date / Action Point GSTR-1 Details of outward supplies of taxable goods and/or services effected File by 10 th of next month GSTR-1A GSTR-2 GSTR-2A GSTR-3 GSTR-3A GSTR-3B Details of outward supplies as added, corrected or deleted by the recipient Details of inward supplies of taxable goods and/or services claiming input tax credit Details of inward supplies made available to the recipient on the basis of FORM GSTR-1 furnished by the supplier Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax Notice to a registered taxable person who fails to furnish return under section 39 and section 45 Reconcile latest by 17 th of next month prior to filing GSTR 3 File by 15 th of next month Reconcile prior to filing GSTR 2 File by 20 th of next month Monthly return in lieu of GSTR-3 as may be notified File by 20th of next month /as notified 5

6 Types of Returns & Action Points Form Particulars Due Date / Action Point GSTR-4 GSTR-4A Quarterly Return for Taxable persons opting for Composition Scheme Details of inward supplies made available to the recipient registered under composition scheme on the basis of FORM GSTR-1 furnished by the supplier File by 18 th of the month succeeding the quarter Reconcile prior to filing GSTR 4 GSTR-5 Return for Non-Resident foreign taxable person File within 7 days of validity period or 20 days of end of tax period GSTR-6 ISD return File by 13 th of next month GSTR-6A Details of inward supplies made available to the ISD recipient on the basis of FORM GSTR-1 furnished by the supplier Reconcile prior to filing GSTR-6 6

7 Types of Returns & Action Points Form Particulars Due Date / Action Point GSTR-7 GSTR-7A GST-MIS- 1/2 GSTR-8 Return for authorities deducting tax at source File by 10 th of next month TDS Certificate Communication of acceptance, discrepancy or duplication of input tax credit claim Details of supplies effected through e- commerce operator and the amount of tax collected as required under sub-section (1) of section 52 Made available on Common Portal after GSTR-7 is filed by deductor After 15 th of next month 7

8 Types of Returns & Action Points Form Particulars Due Date / Action Point GSTR-9 GSTR-9A GSTR-9B GSTR-10 GSTR-11 Annual return Simplified Annual return by Compounding taxable persons registered under section 9 Audited Annual accounts & Reconciliation Statement whose Aggregate T/o > ` 1 crore Final return Details of inward supplies to be furnished by a person having UIN By 31 st December of next FY Within 3 months of LATER of date of application of cancellation; or date of cancellation order Returns Format 8

9 Returns - Highlights Every registered person has to file returns even if there is no business activity Monthly Returns Compulsory, Quarterly Returns only for Taxable person opting for Composition Levy u/s 10 Cannot file GSTR- 1, return for outward supplies between 11 th to 15 th of month If returns for any previous tax period are pending then, registered taxable person shall not be allowed to file the returns. 9

10 Returns - Highlights B2B transactions, i.e supplies made to registered taxable persons Invoice wise details GSTIN, Invoice No, Date, description, rate of tax, value of taxable supply & value of tax B2C transactions, i.e supplies made to unregistered taxable persons invoice wise only for Inter State Supply above Rs. 2,50,000/- Consolidated details for each tax rate separately for all intra state supplies to unregistered taxable persons Consolidated details statewise for each tax rate separately for all inter state supplies to unregistered taxable persons of value less than Rs. 2,50,000/- 10

11 Returns - Highlights Minimum 37 returns for every assesse (except composition tax payer) per annum GST Practitioner can be authorised to file Returns Revision of Returns NOT ALLOWED RECTIFICATIONS allowed for errors discovered later on Common e-return for CGST, SGST & IGST with different fields Separate Data Input fields for Debit / Credit Notes / TDS / ISD 11

12 Returns - Highlights Notice to Defaulters u/s 45 to furnish return within 15 days Annual Return u/s 44 - Reconciliation Statement to be filed & Audit accounts required for crossing prescribed turnover of ` 1 crore Meticulous adherence to returns provisions shall be a key area for GST Compliance Ratings u/s

13 GST Compliance Ratings u/s 149 (1) Every registered person may be assigned a goods and services tax compliance rating score by the Government based on his record of compliance with the provisions of this Act. (2) The goods and services tax compliance rating score may be determined on the basis of such parameters as may be prescribed. (3) The goods and services tax compliance rating score may be updated at periodic intervals and intimated to the registered person and also placed in the public domain in such manner as may be prescribed. 13

14 Returns Input Tax Credit Claim sec 41 Entitled to take ITC Every Taxable Person Manner to be prescribed, i.e Rule 10 & 11 of Return Rules Self assessed on Provisional Basis Balance in ECrL Input Tax Credit Claim shall be matched with outward supplies filed in GSTR-1 by corresponding tax payer The reversal can be at invoice level by marking ineligible in GSTR 2 or computation of proportionate amount in Table 14 of GSTR 2 14

15 Matching, Reversal, Reclaim of ITC sec 42 / Reduction in Output Tax Liability sec 43 Matching Reversal Reclaim Match in GSTR2A as filed by corresponding supplier Claim only those which are matched, as prescribed GSTN shall intimate both supplier and recipient about unmatched supplies / duplication of invoices Details unmatched, communicated but not rectified / duplicate claim shall be added back in Output Tax Liability Reduce the Ouput tax liability if supplier rectifies in his VALID returns within the time period 34(9) sub sec (9) of sec 42 & 43 Restricts interest to be refunded to recipient to the extent of amount of interest paid by counter party on reclaim / reduction of liability MISMATCH 15

16 Returns - Law at Glance First return u/s 40- To disclose details of outward supplies in period between date on which TxP become liable for registration till the date on which registration is granted Final Return u/s 45 Notice to Defaulters u/s 46 to furnish return within 15 days Annual Return u/s 44 Reconciliation Statement to be filed Audit required for crossing prescribed turnover of ` 1 crore Levy of Late Fee Annual Return ` 100/- per day, Max 0.25% of turnover of the state Other than Annual Return ` 100/- per day, Max ` 5000/- 16

17 Returns - Law at Glance GST Practitioners (GSTP) u/s 48 may be authorised under section 37 /38 /39 /44 /45 Every TxP shall authorise and give consent to GSTP in form GST PCT 6 TxP may withdraw authorisation from GSTP in Form GST PCT 7 Activities allowed for GSTP Furnish outward / inward supplies on behalf of GSTP Furnish monthly, quarterly, annual or final returns Make deposit for credit into electronic cash ledger File refund application File application for amendment or cancellation of registration GSTP has to affix his DSC or verify credentials electronically to perform above functions Rule 24 of GST Return Rules for eligible GSTP includes a CA having cleared final exam of ICAI 17

18 Activity flow chart in filing generic returns Taxable Person Login to GSTN Upload Outward Supply details latest by 10 th of succeeding month File GSTR- 1 by the 10 th of succeeding month Reconcile the details in GSTR 1A latest by 17 th of next month, Add or modify details and file GSTR-2 by the 15 th of the succeeding month Inward supply details in GSTR-2A to be auto populated on the basis of GSTR-1 of counter party Cannot furnish GSTR-1 between 11 th to 15 th of succeeding month pay balance tax due and file GSTR-3 by the 20 th of the succeeding month Discover any error, omission after filing the return Pay interest and disclose details in period in which error discovered Rectification not later than Sep of next year or filing of annual return whichever earlier 18

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20 Accounts & Records Every registered TxP Keep & Maintain in Manual or Electronic Form True & Correct Accounts & Records At Each Place of Business in Certificate of Registration 20

21 Accounts & Records True & Correct Records to be maintained of Production or Manufacture of Goods Inward or Outward Supply of Goods / Services Stock of Goods Input Tax Credit Availed Output Tax Payable / Paid Other Particulars like invoices, bill of supply, debit/credit notes, delivery challans, payment, receipt vouchers, e-way bills, etc as may be prescribed Rule 1 of GST (Accounts & Records) Rules Additional particulars for notified class of persons, prescribed by Commissioner If not possible to maintain as such, then other records as prescribed by Commissioner for such class of persons 21

22 Accounts & Records Records maintained in electronic form shall be authenticated by digital signature [Rule 1(16) of GST (Accounts & Records) Rules] Audit trail / interlinkages including source documents, etc have to be provided if demanded [Rule 2(3) of GST (Accounts & Records) Rules] e-way bill mandatory for movement of consignment above ` 50,000/- in Form GST INS 01 For transfer of goods from one conveyance to other, new e-way bill is to be generated. Validity period prescribed for e-way bill 22

23 Accounts & Records Every registered TxP whose turnover exceeds prescribed limit in a FY, i.e ` 1 crore has to get accounts audited by CA / CMA Submit copy of audited accounts to PO Submit Reconciliation statement u/s 44(2) to PO Other documents in form and manner prescribed Every owner / operator of warehouse / godown / other place used for storage of goods irrespective whether registered TxP or not, shall maintain Records of Consignor / Consignee Other relevant records as may be prescribed Furnish electronically in Form ENR- 01 Storage of goods should be owner wise, then item wise to facilitate physical verification by PO 23

24 Accounts & Records If TxP fails to account for goods/ services as prescribed PO shall determine tax payable on unaccounted goods / services u/s 73/74 as if supplied by such TxP Accounts & Records to be maintained by TxP until 72 months from due date of filing of annual return If TxP is party to appeal / Revision / any proceeding before appellate authority / Tribunal / court shall retain accounts & records for said period under consideration, LATER of upto 1 year from FINAL DISPOSAL of such appeal / Revision / any proceeding before appellate authority / Tribunal / court 72 months from due date of filing of annual return 24

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26 Getting ready for GST Information Systems Human Resource Finance & Administration Vendors & Customers 26

27 Preparations for GST wrt Returns, Payments Vendors Collect GSTIN Whether Migrated Sincerity & Honesty to pay taxes to be verified Customers Taxes Collection shall be crucial Credit Policy to be redefined Collect GSTIN Whether Migrated 27

28 Preparations for GST wrt Returns, Payments Finance & Administration Change in Working Capital Requirements Credit Blockage due to separate registrations in multiple states / verticals Credit unavailability due to default by Vendors Late Filing Fees, automatic through system Default Levy of Interest Cancellation of GST 28

29 Preparations for GST wrt Returns, Payments Human Resource & Accounts Increased Compliances Continuous Internal Trainings Higher requirement for human resource for handling GST Compliances Information Systems Robust System requirements Modifications w.r.t to Current Systems Invoicing, Accounting and Filing of Returns must be synchronised 29

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31 स गच छध व!!... CA. Gaurav Save Gaurav V Save & Associates Mumbai Lonavala Nashik gstgauravsave@gmail.com 31