GSTR 9 Annual Return for Turnover < 2 Crore, if option chose not to filed before 30 November it would be deemed to filed on due date with auto-populated data
As per Section 44 of CGST Act, Every registered person, other than an Input Service Distributor, a person paying tax, 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.
Provided that the Commissioner may, on the recommendations of the Council and for reasons to be recorded in writing, by notification, extend the time limit for furnishing the annual return
The Annual Return filing date for FY 2017-18 has been extended three-time and recently the government has extended the last date of filing annual goods and services tax (GST) return from 31 August to 30 November 2019
As per the decision taken at the 37th GST Council Meeting as on 20th September 2019
- GSTR-9A filing for composition taxpayers waived off for FY 2017-18 and FY 2018-19.
- GSTR-9 filing for businesses with turnover up to Rs 2 crore made optional for FY 2017-18 and FY 2018-19.
- A committee is going to be constituted to examine the simplification of the Annual Return forms and reconciliation statement.
The Notification No. 47/2019 – Central Tax was issued on 9 th October, 2019 which states that, the Central Government, on the recommendations of the Council, hereby notifies those registered persons whose aggregate turnover in a financial year does not exceed two crore rupees and who have not furnished the annual return under sub-section (1) of section 44 of the said Act read with sub-rule (1) of rule 80 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules) before the due date, as the class of registered persons who shall, in respect of financial years 2017-18 and 2018-19, follow the special procedure such that the said persons shall have the option to furnish the annual return under sub-section (1) of section 44 of the said Act read with sub-rule (1) of rule 80 of the said rules
Provided that the said return shall be deemed to be furnished on the due date if it has not been furnished before the due date.
So from the above notification it is interpreted that if for filing for businesses with turnover up to Rs 2 crore made optional for FY 2017-18 and FY 2018-19,however, if the said annual return is not filed before 30 November 2019, then system generated auto-populated return will be deemed to be furnished on 1 December 2019. It is not clear that taxpayers will able to change the return which will be deemed to be furnished.
To be on a safer side, it is advisable to check the auto populated GSTR 9 in all cases in which turnover is less than 2 crore and file the return before 30 November 2019