Page 4 - Chapter 14 Return.cdr
P. 4

01. Basics of Return under GST law                                              Ü Others -11th day of the month succeeding such tax period (Month)
            CCP 14.01.01.00                                                                              However,  presently,  as  a  measure  of  easing  the  compliance
           What do you mean by Return ?                                                   requirement for small tax payers, GSTR-1 return has been allowed to be filed quarterly
           Answer:-As per sec 2(97) of CGST Act, a taxpayer is required to estimate his Tax  & for continue to the ITC to recipient, he may submit the details in IFF (invoice
           liability  on  “self-assessment”  basis  and  deposit  the  Tax.  The  term  “return”  furnishing facility) on monthly basis & payment is on monthly basis by small tax
           ordinarily means statement of information (facts) furnished by the taxpayer, to tax  payers with aggregate annual turnover up to `5 crore in the preceding financial year or

           Government, at regular intervals.                                              the current financial year.
                  The information to be furnished in the return generally comprises of the               Tax  payers  with  annual  aggregate  turnover  above  `  5  crore  will
   CH 14    details pertaining                                                            however continue to file GSTR- 1 on a monthly basis.
                  Ü to the nature of activities/business operations forming the subject matter           In view of the same, M/s Cavenon Enterprises can file its GSTR-1 on
         Return     Ü the measure of taxation such as sale price, turnover, or value      quarterly basis as its aggregate turnover does not exceed ` 5 crore in the preceding
                     of taxation

                                                                                          financial year.
                  Ü deductions and exemptions; and                                                Further, GSTR-1 needs to be filed even if there is no business activity in a tax period.
                  Ü determination and discharge of tax liability for a given period.      Thus,  in  the  present  case,  even  if  no  supply  has  been  made  by  M/s  Cavenon
                                                                                          Enterprises, a nil return is required to be filed for the relevant tax period.
             02. Sec 37- Furnishing details of outward supplies

           CCP 14.02.02.00                                                                 CCP 14.02.03.00
           M/s Cavenon Enterprises, a registered supplier of designer wedding dresses under  A tax payer can file GSTR-1 under CGST Act, 2017, only after the end of the
           regular scheme, has aggregate annual turnover of ` 30 lakh in the preceding  current tax period. State exceptions to this. OR Whether tax payer can file GSTR-

           financial year. It is of the view that in the current financial year, it is permitted  1 before the end of the current tax period? (CA Inter Suggested Nov 18)
           to file its monthly statement of outward supplies – GSTR-1 - on a quarterly basis  Answer: No,  A taxpayer cannot file GSTR-1 before the end of the current tax period.
           while its accountant advises it to file the same on a monthly basis. You are  However, following are the exceptions to this rule:
           required to advise M/s Cavenon Enterprises on the same.(CAI RTP May 19 New )       a. Casual taxpayers, after the closure of their business
           Answer: Section 37 of the CGST Act, 2017 stipulates that GSTR-1 for a particular   b. Cancellation of GSTIN of a normal taxpayer
           month is required to be filed on or before the 10th day of the immediately succeeding          “A taxpayer who has applied for cancellation of registration will be
           month, i.e. on a monthly basis.                                                       allowed to file GSTR-1 after confirming receipt of the application”
                  But w.e.f. 01.01.2021, (As per N/No. 83/2020) the time limit for furnishing

           the details of outward supplies in Form GSTR-1 has been extended in the following   CCP 14.02.04.00
           manner:
                                                                                          What kinds of invoice details of outward supplies are required to be furnished in
             Ü Registered persons opting for QRMP scheme -13th day of the month succeeding
                                                                                          GSTR-1 for outward supplies? (CA Inter Suggested Nov 18 Old)
               such tax period (Quarter)
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       336    CA VISHAL BHATTAD          09850850800                                                                                           V’Smart Academy
                                                                                 CA Final GST Questioner
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