Clarification regarding optional filing of annual return under notification No. 47/2019-Central Tax dated 9th October, 2019 - GST - States - TRADE CIRCULAR No. 44/2019

GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA-700015 TRADE CIRCULAR No. 44/2019 ( Circular No. 124/43/2019-GST ) DATED: 21.11.2019 Sub: Clarification regarding optional filing of annual return under notification No. 47/2019-Central Tax dated 9 th October, 2019. Attention is invited to notification No. 1729-F.T. dated 16 th October, 2019 (hereinafter referred to as the said notification ) issued under section 148 of the West Bengal Goods and Services Tax Act, 2017 (hereinafter referred to as the said Act ) providing for special procedure for those registered persons whose aggregate turnover in a financial year does not exceed two crore rupees and who have not furnished the annual return under sub-section (1) of section 44 of the said Act read with sub-rule (1) of rule 80 of the West Bengal Goods and Services Tax Rules, 2017 (hereinafter referred to as the WBGST Rules ). 2. Vide the said notification it is provided that the annual return shall be deemed to be furnished on the due date if it has not been furnished before the due date for the financial year 2017-18 and 2018-19, in respect of those registered persons. In order to clarify the issue and to ensure uniformity in the implementation of the provisions of the law across field formations, the Commissioner, in exercise of his powers conferred by section 168 of the said Act, hereby clarifies the issues raised as below: a. As per proviso to sub-rule (1) of rule 80 of the WBGST Rules, a person paying tax under section 10 is required to furnish the annual return in FORM GSTR-9A. Since the said notification has made it optional to furnish the annual return for FY 2017-18 and 2018-19 for those registered persons whose aggregate turnover in a financial year does not exceed two crore rupees, it is clarified that the tax payers under composition scheme, may, at their own option file FORM GSTR-9A for the said financial years before the due date. After the due date of furnishing the annual return for the year 2017-18 and 2018-19, the common portal shall not permit furnishing of FORM GSTR-9A for the said period. b. As per sub-rule (1) of rule 80 of the WBGST Rules, every registered person other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return as specified under sub-section (1) of section 44 electronically in FORM GSTR-9. Further , the said notification has made it optional to furnish the annual return for FY 2017-18 and 2018-19 for those registered persons whose aggregate turnover in a financial year does not exceed two crore rupees. Accordingly, it is clarified that the tax payers, may, at their own option file FORM GSTR-9 for the said financial years before the due date. After the due date of furnishing the annual return for the year 2017-18 and 2018-19, the common portal shall not permit furnishing of FORM GSTR-9 for the said period. 3. Section 73 of the said Act provides for voluntary payment of tax dues by the taxpayers at any point in time. Therefore, irrespective of the time and quantum of tax which has not been paid or short paid, the taxpayer has the liberty to self-ascertain such tax amount and pay it through FORM GST DRC-03. Accordingly, it is clarified that if any registered tax payer, during course of reconciliation of his accounts, notices any short payment of tax or ineligible availment of input tax credit, he may pay the same through FORM GST DRC-03. 4. Difficulty if any, in the implementation of this circular may be brought to the notice of the Commissioner. 2. This Trade Circular shall be deemed to have come into force on 18.11.2019. Sd/- (Smaraki Mahapatra) Commissioner, State Tax, West Bengal