Page 15 - Ch14 _RETURNS

Ü Any tax payable as a result of such error or omission will be paid along with interest.
Exception:-

Ü Error/omission discovered on account of scrutiny, audit, inspection, or enforcement activities by tax
authorities cannot be rectified u/s 39(9) of CGST Act.
Time limit for making rectification:- It is Earlier of following dates:-
Ü 30th days of November or second quarter (in case of quarterly filers) following the end of the financial

year to which such details pertain or
Ü Actual date of filing of relevant annual return.

08. Combined Questions on GSTR-5 i.e. Return for NRTP, First Return, Annual Return, Final Return

CCP 14.08.20.00
X Ltd. is winding up its business in Rajasthan. The Tax Consultant of X Ltd. has suggested that X Ltd. will
have to file either the annual return or the final return at the time of voluntary cancellation of
registration in the state of Rajasthan. Do you agree with the stand taken by Tax Consultant of X Ltd.?

Offer your comments. [Study Mat]
Answer:-
No, the stand taken by Tax Consultant of X Ltd. is not correct.
Legal Provision:-

Ü Annual return is required to be filed by every registered person paying tax as a normal taxpayer.
Ü Final return is filed by the registered persons who have applied for cancellation of registration, within
three months of the date of cancellation or the date of cancellation order, whichever is later.
Discussion & Conclusion:-
Ü In the given case, X Ltd., a registered person, is winding up its business and is thus, applying for cancellation

of registration.
Ü Therefore, it is required to file both annual return and final return.

CCP 14.08.21.00
1) Briefly discuss GSTR-5 return
2) Mention persons who are not required to file annual return under GST. OR
3) Briefly discuss Final Return under GST. [CA IPC Nov 20 exam]

Answer:-
1) Ü A registered non-resident taxable person(NRTP) is required to file a simplified monthly tax
return in Form GSTR-5 for every calendar month or part thereof incorporating the details of its
outward supplies and inward supplies.

Ü GSTR-5 should be furnished within 13 days after the end of the calendar month or within 7 days
after the last day of validity period of the registration, whichever is earlier
Ü It is to be noted that a NRTP is not required to file an annual return.

2) Following persons are not required to file the annual return:
a) Casual taxable persons.
b) Non- resident taxable person
c) Input service distributors
d) Persons authorized to deduct/collect tax at source under section 51/52 of the CGST Act and

e) Person supplying OIDAR services from outside India to unregistered persons in India

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