Who needs to file GST annual return by December 31, 2024

Synopsis:Goods and Services tax: GST annual return using GSTR 9 or 9A needs to be filed by GST registered taxpayers on or before December 31, 2024. Question arises do all GST registered taxpayers need to file GST annual return and if so then which form to use GSTR 9 or 9A?

The deadline for submitting the annual goods and services tax (GST) return using either the GSTR-9 or GSTR-9A form is December 31, 2024, applicable to certain GST-registered taxpayers. It’s important to note that you can only file an annual return if your GSTIN was active throughout the relevant financial year.

Taxpayer has to file all applicable returns i.e. Form GSTR-1/IFF and Form GSTR-3B of the relevant financial year before filing the Annual Return,” as per a frequently asked question (FAQ) published on the GST website.

Who needs to file GSTR-9 by December 31, 2024 for FY 2023-24?

According to Tanushree Roy, Director- Indirect Tax, Nangia Andersen India, all GST-registered taxpayers who have acquired or held a GST registration at any point during the financial year are required to submit an annual GST return.

According to Chartered Accountant Abhishek Soni, co-founder, Tax2Win, taxpayers who have opted for composition scheme under GST must use the GSTR-9A form for filing an annual return.

Roy says that the government has granted exemptions to specific categories of taxpayers, allowing them to avoid filing a GST annual return.

As per Roy, “the following taxpayers are exempt from filing a GST annual return:
(a) An Input Service Distributor;
(b) A person paying tax under Section 51 (i.e. TDS deductor);
(c) A person paying tax under Section 52 (i.e. TCS collector);
(d) A casual taxable person; and
(e) A Non-Resident taxable person.

Moreover, the filing Moreover, the filing of annual return in Form GSTR-9 has been made optional for taxpayers having Aggregate Annual Turnover less than Rs 2 crore for the financial years 2017-18, 2018-19, 2019- 20, 2020-21, 2021- 22, 22-23 and 23-24.”

According to Roy, the GST annual return cannot be submitted if the three-year period from its due date has passed, as it is considered time-barred.

When can you file a nil GST annual return

According to an FAQ published by the GST portal, nil GSTR-9 (annual return) can be filed for the following reasons:

• “NOT made any outward supply (commonly known as sale); AND
• NOT received any goods/services (commonly known as purchase); AND
• NO other liability to report; AND
• NOT claimed any credit; AND
• NOT claimed any refund; AND
• NOT received any order creating demand; AND
• There is no late fee to be paid etc.”
• What is the penalty for late filing GST annual return
• Soni explains what the penalty is to be paid for filing GST annual return after the original deadline:
• GST annual return late fee

Turnover limit	Late fee per day	Maximum late fee
Up to Rs 5 crore	More than Rs 5 crore and less than Rs 20 crore	More than Rs 20 crore
Rs 50 (Rs 25 each under CGST and SGST Act)	Rs 100 (Rs 50 each under CGST and SGST Act)	Rs 200 (Rs 100 each under CGST and SGST Act)
0.04% of turnover in state/UT (0.02% each under CGST and SGST Act)	0.04% of turnover in state/UT (0.02% each under CGST and SGST Act)	0.50% of turnover in state/UT (0.25% each under CGST and SGST Act)