Clarification regarding optional filing of annual return under notification No. 47/2019-State Tax dated 20th November, 2019 - GST - States - 124/43/2019

Circular No. 124/43/2019 - GST No. 12-25/2018-19-EXN-GST-(575)-32882 Government of Himachal Pradesh, Excise and Taxation Department To 1. The Additional/Jt. Commissioner of State Taxes and Excise,(South Zone, North Zone, Central Zone), Shimla, Palampur, Mandi, H.P. 2. The Joint Commissioner of State Taxes and Excise, Flying Squad, (Central Zone, North Zone, South Zone), Una, Palampur, Parwanoo, H.P. 3. The Dy. Commissioner of State Taxes and Excise, Shimla, Solan, BBN Baddi, Sirmour, Bilaspur, Hamirpur, Mandi. Kullu, Chamba, Kangra, Revenue Distt Nurpur and Una, H.P 4. The Asstt. Commissioner of State Taxes and Excise, Incharge Distt. Kinnour, H.P Dated Shimla-9 the 20th Dec., 2019. Madam/Sir, Sub: Clarification regarding optional filing of annual return under notification No. 47/2019-State Tax dated 20th November, 2019 - regarding Attention is invited to notification No.47/2019-State Tax dated 20 th November, 2019 (hereinafter referred to as the said notification ) issued under section 148 of the Himachal Pradesh 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 Himachal Pradesh Goods and Services Tax Rules, 2017 (hereinafter referred to as the HPGST 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, in exercise of powers conferred by section 168 of the said Act, the issues are clarified as below: a. As per proviso to sub-rule (1) of rule 80 of the HPGST 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 HPGST 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. This circular shall come into force w.e.f. 18.11.2019. 5. Difficulty, if any, in the implementation of this Circular may be brought to this office immediately. Yours Faithfully, Dr. Ajay Sharma, (IAS) Commissioner of State Taxes and Excise, Himachal Pradesh