On 30th July 2018, GST Council unveiled the new proposed GST returns filing process & formats of the Returns.
What are different terms used in the document of the proposal?
The invoices which are uploaded on the portal are called uploaded invoices. Uploaded invoices are the only valid documents to claim input tax credit. Uploaded invoices shall be continuously visible to the recipient.
Accepted or locked invoice
The invoices which are accepted by the recipient are called accepted or locked invoices. The recipient can avail credit to the extent of these invoices. The invoices which are neither rejected nor kept on pending shall be treated as Deemed acceptance.
Where the GSTN of the invoice is wrongly filled by the supplier, the invoice would appear on the viewing facility of the taxpayer who is not eligible to take the credit. In this case, the recipient shall report such invoices as rejected invoices.
This status of invoice will be because of any of the three following reasons
a. Supply has not been received.
b. A recipient is of the view that invoice needs to be amended.
c. A recipient is not able to decide whether to take input credit for the time being.
The invoices which are not uploaded by the supplier and recipient has claimed credit are called as Missing Invoices. The missing invoices shall be reported by the supplier in the main return for any period with interest or penalty as applicable.
Who are Small taxpayers and which GST returns must they file?
1. Small taxpayers are those with the turnover of up to Rs. 5 crores in the last financial year.
2. They will be provided with an option to choose between the filing of quarterly or monthly main returns.
3. If a Quarterly filing is chosen, then they have three options:
b. GSTR-Sahaj Or
All about Quarterly Returns filing process
1. Small taxpayers file returns quarterly but payment of taxes has to be made monthly in payment declaration form-cum-challan.
2. Small taxpayers will be given an option for continuous uploading of the invoices/documents. The cut-off date for a period will be 10th of the month following the tax period.
3. To assist the taxpayers for self-assessed liability and claiming input tax credit, a ‘viewing facility’ will be provided on the portal to recipients for all the uploaded invoices.
4. Only the uploaded invoices will be considered for claiming input tax credit by the recipients of the small taxpayers, in case of B2B supplies. This will help the recipients to avail input tax credit against the invoices uploaded by any taxpayer. However, 6 months relief is given to recipients where they can self-declare ITC on the provisional basis. This will help assess their tax liability for the month.
5. Small taxpayers who opt to file quarterly, can do so in any of the following three returns:
- GSTR-Sahaj Or
Small taxpayers will get an option to create a profile in the Quarterly return. Sahaj and Sugam returns are most common and simple pre-determined profiles for the quarterly returns.
So, let’s understand when to file above returns.
- File GSTR-Quarterly , if one has all types of supplies- including exports, SEZ supplies, B2C and/or B2B.
- File GSTR-Sahaj , if one has only B2C outward supplies.
- File GSTR-Sugam , if one has both B2C and B2B outward supplies.
6. Four or more digit HSN details will be required for the Quarterly returns, similar to old returns.
7. These quarterly returns will not have compliance requirement with regards to:
- Missing and Pending invoices
- Declaration of Non-GST Supply or Exempted supplies, and
- Input tax credit on Capital goods
Although, these details will be required to be filled in the Annual return.
8. If the small taxpayers want to include or resolve with the issue of any missing or pending invoices, they can file the monthly return. There is no compulsion on only filing the quarterly returns during the financial year as taxpayers also get an option to switch to Monthly main returns in the middle of the year, but they must be careful while deciding this, as they can only switch once a year.
9. Small taxpayers will pay their taxes monthly. In the first and second month of every quarter, they will pay the taxes using a payment declaration form.
10. This payment declaration form will consist of self-assessed liability and input tax credit on basis of self-declaration.
11. The full payment of the liability arising out of the uploaded invoices will be only allowed from the payment declaration form. Late payment of this liability will attract interest thereon.
12. The facility for opting into Quarterly return filing must be made at the beginning of the year. Make note that for switching to filing monthly main returns is allowed only once during a year and that too can be exercised at the beginning of any quarter only.
Comparison with the current system
|New Return||Old Return|
|Quarterly Return limit has been extended upto 5 crore||Quarterly Return filing limit is 1.5 crore|
|Profile base return is possible.||No concept of Profile base return in present System.|
|Only Uploaded Invoices by Supplier would be valid document for availing ITC. |
Receiver can take credit of invoices which are not uploaded as well, He can report the invoices as missing and the supplier has to confirm the same and pay tax along with interest
|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.|
|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.|
|If Turnover is less than 5 crore taxpayer can choose either of following:|
Sahaj (Only B2C)
Sugam (Only B2B & B2C)
Quarterly (All other Type of Supplies)
|Only one Quarterly return facility in GSTR-1 is available If TO is upto 1.5 crore but GSTR-3B must be filed monthly.|
|Every taxpayer who will apply for quarterly return has to pay tax in self declaration form on monthly basis for first two months of the quarter.||Every Taxpayer who has applied for quarterly return has to pay tax on monthly basis in form of GSTR-3B.|
|For Nil Return when user has no purchase, no sales, no ITC to avail in any quarter of the Financial Year shall file one Nil return for every quarter.||When there is no Outward tax liability in this case taxpayer will has to file NIL Return.|
|SMS Facility for filing of Return will be available for NIL/Quarterly Return.||SMS functionality is not present.|
|Taxpayer filing quarterly return shall report missing invoices in the next quarter.||NA|
Detailed Format of Sahaj, Sugam and GSTR-Quarterly Returns
Payment Challan form
To conclude with, pending clarity on ITC availability in case of missing invoices, Small taxpayers will have to bear less compliance cost due to this simplification of the quarterly returns.