GST Jamku AIFurnishing of returns
Section 39(1)
Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52 shall, for every calendar month or part thereof, furnish, a return, electronically, of inward and outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such other particulars, in such form and manner, and within such time, as may be prescribed:
Provided that the Government may, on the recommendations of the Council, notify certain class of registered persons who shall furnish a return for every quarter or part thereof, subject to such conditions and restrictions as may be specified therein.
Every person who is registered for taxation, excluding Input Service Distributors, non-resident taxable persons, or those paying tax under section 10, section 51, or section 52, must submit a monthly return. This return is to be filed electronically and includes details of both incoming and outgoing supplies of goods or services, input tax credit availed, tax payable, tax paid, and other relevant information.
Submission Requirements: The return must be submitted for each calendar month or part of a month. The submission is done electronically, and it should contain specific details as prescribed by the authorities. This includes information about inward and outward supplies, input tax credit, tax liability, and actual tax payments. The form and manner of submission, along with the deadline, will be determined by the relevant authorities.
Provision for Certain Classes: In certain cases, the Government, based on recommendations from the Council, has the authority to identify specific classes of registered persons. These identified classes may be allowed to submit their returns on a quarterly basis or part thereof. However, this provision is subject to conditions and restrictions that will be specified by the Government.
Conclusion: In summary, the process of filing tax returns for registered persons involves providing electronic records of various financial transactions. The frequency of submission is typically on a monthly basis, but certain classes of individuals may be permitted to file on a quarterly basis, as determined by the Government. The aim is to streamline the taxation process and ensure compliance with regulations.
Section 39(2)
A registered person paying tax under the provisions of section 10, shall, for each financial year or part thereof, furnish a return, electronically, of turnover in the State or Union territory, inward supplies of goods or services or both, tax payable, tax paid and such other particulars in such form and manner, and within such time, as may be prescribed.
If you're a registered taxpayer under section 10, it's essential to submit a return each financial year. This process must be done electronically. The return should include details such as turnover within the State or Union territory, inward supplies of goods or services (or both), tax payable, tax already paid, and any other specified particulars.
The form and manner of submission, along with the deadline, will be determined by the regulations in place. It's crucial to adhere to these guidelines to ensure proper compliance with the tax requirements.
Section 39(3)
Every registered person required to deduct tax at source under the provisions of section 51 shall furnish, in such form and manner as may be prescribed, a return, electronically, for the month in which such deductions have been made within ten days after the end of such month.
If you're a registered individual responsible for deducting taxes at the source, it's important to know the rules outlined in section 51. This article breaks down the requirement for filing a return in a straightforward manner.
Filing Process Simplified: To fulfill your tax obligations, you need to submit a return electronically. This process is designed to be user-friendly and involves providing information about the deductions made during the month.
Key Points:
Who is Affected? If you're someone who deducts taxes under section 51, this applies to you. This includes registered individuals who have the responsibility of withholding taxes at the source.
When to File: The return must be submitted within ten days after the end of the month in which the deductions were made. This ensures a timely and organized filing process.
Form and Manner: The return should be furnished in a manner and form as prescribed by the relevant authorities. This ensures consistency and compliance with the established standards.
Electronic Filing: The filing of returns is done electronically. This modern approach not only streamlines the process but also aligns with the digital age, making it convenient for individuals to fulfill their tax responsibilities.
Conclusion: In summary, if you're tasked with deducting taxes at the source under section 51, the process involves timely electronic filing of returns. Adhering to these guidelines ensures a smooth and efficient fulfillment of your tax obligations.
Section 39(4)
Every taxable person registered as an Input Service Distributor shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within thirteen days after the end of such month.
If you're a taxable person registered as an Input Service Distributor, you have a responsibility to submit a report every month. This report should cover the entire calendar month or any part thereof. The submission needs to be done electronically and within thirteen days after the month concludes.
Submission Details: The report should be submitted in a format and method specified by the relevant authorities. This electronic submission is a crucial aspect of fulfilling your obligations as an Input Service Distributor.
Timeframe: It's important to note that this report should be sent within thirteen days after the completion of the respective month. Timely submission is necessary to comply with the regulations and ensure smooth processing of information.
Conclusion: In summary, as an Input Service Distributor, it is imperative to adhere to the specified reporting requirements. The timely and accurate submission of these reports contributes to the proper functioning of the taxation system.
Section 39(5)
Every registered non-resident taxable person shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within [thirteen] days after the end of a calendar month or within seven days after the last day of the period of registration specified under sub-section (1) of section 27, whichever is earlier.
If you are a non-resident taxable person, it's essential to submit a tax return regularly. This process is applicable for each calendar month or part of it. The submission must be electronic and needs to be done within [thirteen] days after the completion of a calendar month or within seven days after the last day of the registration period specified in section 27(1), whichever comes first.
Submission Requirements: The tax return should be filled out in the prescribed form and manner. The electronic submission is a mandatory requirement for non-resident taxable persons.
Timeline for Submission: The deadline for submitting the tax return is within [thirteen] days after the conclusion of a calendar month. However, if the registration period under section 27(1) ends earlier, the return must be submitted within seven days from the last day of that registration period.
Conclusion: Compliance with these submission requirements is crucial for non-resident taxable persons. Timely and accurate submission of the electronic tax return ensures adherence to the regulations outlined in the law.
Section 39(6)
The Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein:
Provided that any extension of time limit notified by the Commissioner of State tax or Union territory tax shall be deemed to be notified by the Commissioner.
The Commissioner has the authority to extend the time limit for submitting tax returns under specific conditions. This extension must be documented in writing and communicated through an official notification. The extension applies to a particular category of registered individuals as specified in the notification.
Key Points:
Written Reasons for Extension:
- The Commissioner must provide written reasons for extending the time limit for filing tax returns.
- This ensures transparency and accountability in the decision-making process.
Notification Requirement:
- The extension is communicated through an official notification.
- This notification specifies the class of registered persons to whom the extended time limit applies.
Delegation of Authority:
- The power to grant an extension is vested in the Commissioner.
- This authority is utilized based on specific criteria and circumstances.
Provision for State and Union Territory Tax:
- Any extension of the time limit by the Commissioner of State tax or Union territory tax is automatically considered valid.
- The Commissioner overseeing state or union territory tax is empowered to make such extensions.
Conclusion: In conclusion, the Commissioner can extend the time limit for tax returns, and this extension is formally communicated through a written notification. The aim is to provide flexibility to a designated class of registered persons, with the process ensuring transparency and adherence to established criteria. Extensions made by the Commissioner of State tax or Union territory tax are universally recognized.
Section 39(7)
Every registered person who is required to furnish a return under sub-section (1), other than the person referred to in the proviso thereto, or sub-section (3) or sub-section (5), shall pay to the Government the tax due as per such return not later than the last date on which he is required to furnish such return:
Provided that every registered person furnishing return under the proviso to sub-section (1) shall pay to the Government, in such form and manner, and within such time, as may be prescribed,-
(a) an amount equal to the tax due taking into account inward and outward supplies of goods or services or both, input tax credit availed, tax payable and such other particulars during a month; or
(b) in lieu of the amount referred to in clause (a), an amount determined in such manner and subject to such conditions and restrictions as may be prescribed.
Provided further that every registered person furnishing return under sub-section (2) shall pay to the Government the tax due taking into account turnover in the State or Union territory, inward supplies of goods or services or both, tax payable, and such other particulars during a quarter, in such form and manner, and within such time, as may be prescribed.
1: General Tax Payment
Anyone who needs to submit a return under sub-section (1) must pay the government the tax amount mentioned in the return by the deadline for filing the return. This applies to all registered individuals, except those mentioned in the exception clauses (sub-sections 3 and 5).
2: Special Cases
If you fall under the exception mentioned in the proviso to sub-section (1), you must follow additional rules:
(a) Pay an amount equivalent to the tax due, considering factors like goods or services transactions, input tax credit, and other relevant details for a given month.
(b) Alternatively, follow the conditions and restrictions prescribed to determine a different amount in place of the one mentioned in (a).
3: Quarterly Returns
For individuals submitting returns under sub-section (2), the payment to the government should be based on the tax due, considering turnover in the State or Union territory, goods or services transactions, and other relevant details for a quarter. This should be done according to the prescribed form, manner, and deadline.
Section 39(8)
Every registered person who is required to furnish a return under sub-section (1) or sub-section (2) shall furnish a return for every tax period whether or not any supplies of goods or services or both have been made during such tax period.
Tax Returns for Every Registered Person
If you're a registered individual who needs to provide a return under sub-section (1) or sub-section (2), you must submit a return for each tax period. This is applicable whether or not you've made any sales of goods or services during that specific tax period.
Mandatory Returns for Registered Individuals
Whether you have conducted any business transactions or not, every registered person must file a return for each tax period. This requirement applies to those obligated to submit a return under sub-section (1) or sub-section (2).
Section 39(9)
Any registered person after furnishing a return under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars [in such form and manner as may be prescribed], subject to payment of interest under this Act:
Provided that no such rectification of any omission or incorrect particulars shall be allowed after [the thirtieth day of November] following the end of the financial year to which such details pertain, or the actual date of furnishing of relevant annual return, whichever is earlier.
If any registered individual has submitted a tax return and later discovers any mistakes or omissions, they are allowed to rectify them under certain conditions. This process is applicable to returns submitted under different subsections.
Conditions for Rectification: The rectification should not be a result of scrutiny, audit, inspection, or enforcement activities by tax authorities. The person must rectify the omission or incorrect particulars in the prescribed form and manner. Additionally, they are required to make the rectification while paying the interest specified under this Act.
Time Limit for Rectification: It's important to note that rectification is only allowed until the thirtieth day of November following the end of the financial year to which the details pertain. Alternatively, it should be done before the actual date of furnishing the relevant annual return, whichever comes earlier. After this deadline, no rectification of any omission or incorrect particulars will be permitted.
Section 39(10)
A registered person shall not be allowed to furnish a return for a tax period if the return for any of the previous tax periods or the details of outward supplies under sub-section (1) of section 37 for the said tax period has not been furnished by him:
Provided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the return, even if he has not furnished the returns for one or more previous tax periods or has not furnished the details of outward supplies under sub-section (1) of section 37 for the said tax period.
Filing tax returns is a crucial process for registered individuals. However, certain rules govern this, and failure to adhere to them can have consequences. This article explores the conditions under which a person may or may not be allowed to furnish a return for a specific tax period.
Condition for Filing: A registered person must ensure that they have submitted the returns for any previous tax periods. Additionally, details of outward supplies under sub-section (1) of section 37 for the concerned tax period should also be furnished.
Exceptional Circumstances: Under certain circumstances, the government has the authority to make exceptions. This is possible through recommendations from the Council, and it involves issuing notifications. The exceptions may come with specific conditions and restrictions that the registered person must follow.
Government's Authority: The government, based on the Council's advice, can permit a registered person or a group of registered persons to file their returns, even if they haven't submitted returns for one or more preceding tax periods. This exception also applies to those who haven't furnished the details of outward supplies under sub-section (1) of section 37 for the relevant tax period.
Conclusion: In conclusion, while there are strict guidelines for filing tax returns, there are provisions for exceptions. The government, acting on the Council's recommendations, can grant permission under specified conditions and restrictions, offering some flexibility in certain situations.
Section 39(11)
A registered person shall not be allowed to furnish a return for a tax period after the expiry of a period of three years from the due date of furnishing the said return:
Provided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the return for a tax period, even after the expiry of the said period of three years from the due date of furnishing the said return.
In simple terms, if you're a registered person required to file a tax return, there's a time limit for doing so. You cannot submit a return after three years have passed from the due date for that return.
Exceptions Granted by the Government
However, the government has the authority to make exceptions. This means that, based on recommendations from the Council, the government can allow certain registered individuals or groups of registered persons to submit their tax return even after the three-year deadline. This allowance will be made through an official notification and may come with specific conditions and restrictions outlined by the government.