Update as on 11th June 2019The Ministry of Finance has released the transition plan for the proposed GST new return system. The same will be launched on a trial basis from July 2019 onwards, and will be implemented phase-wise from October 2019 onwards.
1. What are the different terms used in the document?Uploaded Invoices The invoices which are uploaded by the supplier on the portal are called Uploaded Invoices. These invoices would be a valid document for availing input tax credit by the corresponding recipient. The invoices will be allowed to be uploaded continuously by the supplier and viewed by the recipients through ‘Viewing Facility’. Accepted or Locked Invoice The invoices which the recipients confirm after viewing are called Accepted Invoices. These invoices are the base for the input tax credit . The invoice which were not explicitly ‘rejected’ or marked as ‘pending’ shall be treated as an Accepted invoice. Rejected invoice For instance, When the supplier wrongly enters a GSTIN in the invoice then the invoice is available on the viewing facility of the taxpayer who is not allowed to take the credit. In such cases, the recipient rejects those invoices. Those are known as Rejected Invoice Pending Invoice The invoices which have been uploaded in the portal but falls under these categories :
- Supply not received by the recipient
- According to the recipient, the invoice needs to be changed
- The recipient is not able to decide whether to take the input tax credit for the time being
2. Who is required to file GSTR – Monthly returns?All the taxpayers registered under GST laws are required to file GSTR-monthly except the following : a. Small Taxpayers (who have a Turnover up to Rs. 5 Crore in last financial year and have not opted quarterly) b. Composition Dealer c. Input Service Distributor (ISD) d. Non- Resident Registered person (NRI) e. Person liable to deduct or collect tax under the CGST Act The above taxpayers may either have to continue filing the existing returns prevalent under the current system or may fall under the category of taxpayers required to file the quarterly GSTR.
3. All about Monthly returns process
When is Monthly GST Returns(MAIN Return) due?a. All the Taxpayers except the ones specified above are required to file monthly GST returns. Due Date for filing the same will be 20th of next month.
How to prepare Monthly GST returns?a. Most of the fields in the GST Returns will be auto-populated. There will be a separate continuous system of Invoice upload by suppliers and viewing facility available to the recipient of the supply who can accept or reject the invoice. b. Invoices uploaded by 10th of the next month will be auto-populated into the main return of the supplier. c. Only the uploaded invoices by the supplier can be a valid document for availing Input tax credit. d. The invoices uploaded which can be availed as Input tax credit shall be posted in the ITC table of the recipient’s return by 11th of the next month. e. Invoices which has been uploaded by the supplier and made available to the recipient shall be deemed to have been locked when it has not been rejected or marked kept pending, once after the return for the relevant tax period has been filed by the recipient. f. Accidental locking of the invoice can be unlocked only by the recipient but only after reversing the ITC. g. All the pending invoices shall be reported by the recipients and no ITC will be availed on them. h. Uploaded invoices on which no ITC is availed and not locked by the recipient can be amended. However, locked invoices cannot be amended. But a credit or Debit Note can be raised for amending an invoice. i. Amendment of missing Invoices reported later by the supplier shall be carried out through amendment return of the relevant tax period to which the Invoice pertains to. For Eg: Invoice of April if uploaded in September shall get amended with the amendment of return for the month of April only j. First 6 months will be the transitional phase, the recipient will be able to avail ITC on the self-declaration basis even on the invoices not uploaded by suppliers by 10th of the next month or thereafter. k. Return filing status of the supplier will be visible to the recipient after the due date of filing return. The recipients will be aware of whether the supplier has discharged the tax liability on the purchases made by them or not. l. To protect the interest of the recipients, a newly registered taxpayer and a taxpayer who has defaulted in tax payment for any previous time period will be allowed to upload invoices only up to a threshold amount or only after making the default good.
Is there an option to revise Monthly GST Returns?a. Yes, the filing of another return known as amendment returns is present. Not just that, for reporting of missing invoices, separate procedure is prescribed through the main return itself. b. In case of any wrong entries made in the main return, the same can be amended by filing an amendment return. An amendment return can be filed twice for every tax period. c. Amendment return can be filed on or before the due date for filing of return for the month of September following the end of the financial year or actual date of furnishing annual return whichever is earlier. d. In there will change in the liability of more than 10% through an amendment return, a higher late fee will be levied to ensure correct reporting. e. But once Invoice is approved or locked by the recipient or on which credit has been availed by the recipient, no amendment of invoices shall be allowed. So, credit or debit note for the same can be issued by the supplier.
What is the procedure for reporting missing invoices and how to claim ITC?a. Missing Invoices will be reported by the suppliers in any tax period along with interest and penalty wherever applicable. In addition, a recipient can report the missing invoices up to the next 2 tax periods. Example: Recipient received the goods in the month of July and also took the credit of the same, but the supplier has not uploaded the same, shall be reported by the recipient not later than return for the month of September filed in October. b. Information about the missing invoices uploaded by the recipient shall be made available to the supplier. c. Taxpayers filing quarterly returns will report the missing invoices in the next quarter return.
How will Exports and Imports be reported?a. A table in the return will contain the details of the shipping bill. The taxpayer can fill the information at the time of filing the return or after filing the return also. b. In case the registered person fills the information after filing the return, the same will not be considered as the filing of an amendment return. c. Once the information of shipping bill is entered, the same is transmitted to the ICEGATE. There will be a separate facility for the exporters to transmit any further amendment in the information of the shipping bill to ICEGATE. d. Credit on imports and supplies from SEZ can be availed on a self-assessment basis till the information from ICEGATE is transmitted to input tax credit of the return.
Should one file Main Returns if there are no Sales or Purchase to report?a. Nil Return can be filed once a Quarter but in month one and two of the quarter, such taxpayer shall report NIL transaction by sending an SMS. Alternatively to online filing, the facility for the filing NIL return quarterly shall also be available by an SMS. b. This is applicable only if the taxpayer has no transactions made during the tax period, no Input tax credit to avail during the quarter or no output tax liability to pay.
4. Comparison with the current system
|New Return||Old Return|
|Monthly Return has to be filed by taxpayers having turnover more than 5 crore in the last financial year||Monthly Return filed by taxpayer having turnover more than 1.5 crore in the last financial year|
|Only Uploaded Invoices by Supplier would be valid document for availing ITC||There is no matching concept present in current system, it is written in law but recipient could take credit for all such Invoices in GSTR-3B even not reported by supplier on self declaration basis|
|Recipient could also see the current filing status of Supplier||In GSTR-2A Recipient could see filed or not filed status for each uploaded Invoices by Supplier|
|Document summary is NOT required||Document Summary is required|
|Taxpayer can AMEND the main return 2 times in any tax period||Taxpayer only can amend the Invoices and CDN’s which has already been filed in earlier months|
|Amendment of Invoices can be possible only in these cases:|
>> Where ITC has not been availed
>> Invoices has not been reported as locked by recipient
|Amendment of Invoices can be possible for all type of supply which has been filed in earlier month returns|
|HSN Summary shall be captured at four digit or more in a separate table, similar as per old return||HSN Summary shall be captured at four digit or more in a separate table|
|Return format also includes “Annexure”of Invoices which shall auto populate the output liability table in the main return||In Return format data is populating with the Invoices uploaded by Supplier, no “Annexure” is required|
|For change in liability of more than 10% through an Amendment Return, a HIGHER LATE FEE may be prescribed||NA|
|For Export of goods taxpayer can fill “Shipping Bill” information at the time of filing of return or after filing the return at his option||For Export of Goods taxpayer will have to fill shipping bill details at the time of filing the return|
|Separate facility for uploading shipping bill details at a later date shall be provided to the Exporters||No separate facility for exporter is available|
|Profile base return is possible||No concept of Profile base return in present System|
|Taxpayer will have to submit all outward supplies including Inward supplies, with payment of taxes in SINGLE return||GSTR-3B (Summary Information for all sales and purchase)
GSTR-1 (For Outward Supplies)
GSTR-2 (For Purchases)
GSTR-3 (For settlement of liability)
|An IT tool/facility for matching of the Invoices downloaded in XL format will be available from the “Viewing facility”||No IT tool for matching of the Invoices is present|
|Missing Invoices shall be reported by the Supplier which has not been reported earlier, in the main return for any tax period with Interest and penalty as applicable||Where the input tax credit claimed by a recipient in respect of an inward supply is in excess of the tax declared by the supplier or the outward supply is not declared by the supplier in his valid returns, the discrepancy shall be communicated to both such persons|
|Reporting of missing Invoices can be delayed by the recipient upto TWO tax periods, taxpayer filing quarterly return shall report missing invoices in the next quarter||NA|
|Facility for locking the Invoice by recipient shall be available before filing the return||NA|
|Where GSTIN of the recipient has been wrongly entered by the supplier while uploading invoice details, such invoices will be reflected on the ‘viewing facility’ of a wrong taxpayer. Such taxpayers will be able to take action by accepting or rejecting the particular invoice.||Where GSTIN of the recipient has wrongly entered by supplier while filing GSTR-1, such invoices will appear in the auto-generated returns GSTR-2A of a wrong taxpayer. At present, the taxpayers are unable to take actions on GSTR-2A.|
|Recipient can also unlock the Invoices which have been locked earlier||NA|
|Facility for payment of tax is available through amendment return as it will save Interest liability||NA|
|Negative Liability arising from the Amendment Return shall be C/F to the next return||NA|