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Finally, after facing every step of hurdle during past financial year, the final goal of every taxpayer is to assess their business records and analyse and correct the mistakes made during the past financial year either through GSTR-1 and GSTR-3B of September, 2021, following the end of financial year, being 2020- 21
Section 110 and 111 of the Finance Act, 2021 amended Section 35 and 44 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”) respectively, so as to remove the mandatory requirement of getting annual accounts audited by a Chartered Accountant or a Cost Accountant and furnishing of audited reconciliation statement in Form GSTR-9C. Now, annual return in Form GSTR-9 is to be provided on self-certified basis with reconciliation statement (GSTR-9C). The CBIC vide Notification No. 29/2021- Central Tax dated July 30, 2021 appointed August 1, 2021 as the date for appointment of Section 110 and 111 of the Finance Act.
Therefore, the compliances under the GST law for the month of September 2021 is very critical for all registered persons under GST as many provisions of GST law pertaining to Input Tax credit (“ITC”) availment, issuing supplementary invoices/ credit notes, etc., prescribe last date would be as earliest of due date of furnishing return for the month of September following the end of FY or furnishing of the relevant annual return (Due date for filing – December 31, 2021).
In this regard, we are summarising herewith key areas that needs due attention before filing of monthly return in Form GSTR-1 & GSTR-3B for the September, 2021:
In terms of Section 16(4) of the CGST Act a registered person shall not be entitled to take Input Tax Credit (“ITC”) in respect of any invoice or debit note for supply of goods or services or both, after the due date of furnishing of the Form GSTR-3B for the month of September following the end of financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier.
Key action points:
Identify the credits which have not been claimed or which have been claimed but not shown by the vendor in their return (GSTR-1) – chase the vendor for needful correction required;
As per proviso to Section 37(3) of the CGST Act, any corrections in respect of the details already furnished in GSTR-1 shall be allowed till furnishing return for the month of September following the end of FY to which such details pertain, or filing of relevant Annual Return, whichever is earlier.
For making any short of amendment/ rectification in the details furnished in Form GSTR-1 of April 2020 to March 2021, the last date would be the due date of filing Form GSTR-1 of September 2021.
Key action points:
Following are certain inclusive list of amendments that can be made in GSTR-1 of September 2021:
In terms of Rule 42 of the CGST Rules, 2017, amount of reversal of common ITC on inputs and input services used for making both taxable and exempted supplies, shall be calculated finally for the financial year before the due date for furnishing of the return for the month of September following the end of the financial year to which such credit relates.
Key action points:
Every registered person engaged in making taxable as well as exempted supply of goods or services are required to work out the reversal of common ITC for the FY 2020-21 based on annual turnover, on or before the end of due date of filing of Return for the month of September 2021:
In terms of Section 34(2) of the CGST Act, any credit note in respect of the supplies made in the previous FY shall be declared in the return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return, whichever is earlier, and the tax liability shall be adjusted accordingly.
Ensure that the invoices of vendors/suppliers which are not paid within 180 days from date of issuance of invoice then, ITC availed on such invoices need to be reversed due to such non-payment along with interest and such reversed credit can be again re-claimed upon payment made to the vendor.
In terms of Section 44(1) of the CGST Act, every registered person, other than an Input Service Distributor, a person paying tax under Section 51 (TDS Collector) or Section 52 (TCS Collector), a casual taxable person and a non-resident taxable person, shall furnish an Annual Return for every financial year on or before the 31st day of December following the end of such financial year. Both Form GSTR-9 and 9C are available on GSTN portal.
Key action points for GSTR-9 and GSTR-9C for FY 2020-21
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Call: +91-8076563802 | E-mail: intern@a2ztaxcorp.com | Web: www.a2ztaxcorp.in
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