GST
Who does not file GSTR-9 at all
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Facts
Sec 44 excludes some registrations from the annual return. Input Service Distributors, persons deducting TDS under Sec 51, persons collecting TCS under Sec 52, casual taxable persons and non-resident taxable persons do not file GSTR-9. Composition dealers file GSTR-4 instead.
Provisions and law
- Sec 44, CGST Act 2017Every registered person, other than excluded categories, files an annual return for each financial year
- Rule 80, CGST Rules 2017Annual return in GSTR-9 by 31 December after the financial year; GSTR-9C self-certified reconciliation where turnover is above Rs 5 crore
Analysis
The annual return is tied to each GSTIN, not to the business as a whole. A company may have a regular GSTIN that files GSTR-9 and a separate ISD GSTIN that does not. E-commerce operators collecting TCS file their own annual statement under Sec 52 instead. If a regular GSTIN shows a GSTR-9 tile, check its turnover against the Rs 2 crore exemption before deciding.
Conclusion
- List every GSTIN on your PAN and its registration type
- Mark ISD, TDS, TCS, casual and non-resident GSTINs as not required to file GSTR-9
- For each regular GSTIN, check whether PAN turnover is above Rs 2 crore
- For composition GSTINs, plan GSTR-4 instead
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