Law of Taxation
Subjects / Law of Taxation / Returns under GST
Unit 5 · Unit 5

Returns under GST

Returns under GST (S.37-48 CGST Act) are the mechanism for self-declaration of supplies, tax liability, and ITC claims.

Returns under GST (S.37-48 CGST Act) are the mechanism for self-declaration of supplies, tax liability, and ITC claims. The return system operates on a dual-reporting model: outward supply details (GSTR-1) and summary return with tax payment (GSTR-3B). Returns enable auto-population of ITC for recipients and allow the government to reconcile tax collected with tax deposited.

Legal Framework

Provision Content
S.37 Furnishing details of outward supplies (GSTR-1)
S.38 Communication of details of inward supplies (auto-generated GSTR-2B)
S.39 Furnishing of returns (GSTR-3B)
S.40 First return (from date of registration to month end)
S.44 Annual return (GSTR-9)
S.45 Final return on cancellation (GSTR-10)
S.47 Late fee for delayed filing
S.48 GST Practitioners

Key Returns and Due Dates

Return Purpose Frequency Due Date
GSTR-1 Details of outward supplies (invoices) Monthly 11th of next month
GSTR-1 (QRMP) Quarterly outward supplies (turnover ≤ Rs.5 crore) Quarterly 13th of month after quarter
GSTR-3B Summary return + tax payment Monthly 20th of next month
GSTR-3B (QRMP) Quarterly summary return Quarterly 22nd/24th of month after quarter
GSTR-4 Composition scheme annual return Annual 30 April
GSTR-5 Non-resident taxable person Monthly 20th of next month
GSTR-6 Input Service Distributor Monthly 13th of next month
GSTR-7 TDS return (government deductor) Monthly 10th of next month
GSTR-8 TCS return (e-commerce operator) Monthly 10th of next month
GSTR-9 Annual return Annual 31 December of following FY
GSTR-9C Reconciliation statement (turnover > Rs.5 crore) Annual 31 December
GSTR-10 Final return (on cancellation) Once Within 3 months of cancellation

GSTR-1: Outward Supply Details (S.37)

Content Detail
B2B invoices Invoice-wise details (GSTIN of recipient, value, tax)
B2C large (> Rs.2.5 lakh) Invoice-wise details (State-wise)
B2C small (≤ Rs.2.5 lakh) Consolidated supply details (rate-wise)
Credit/debit notes Details of amendments to invoices
Exports With/without payment of tax
Nil/exempt supplies Consolidated

GSTR-3B: Summary Return (S.39)

Table Content
3.1 Outward supplies and tax liability
4 Eligible ITC
5 Exempt, nil-rated, non-GST supplies
6 Payment of tax (through cash + credit ledger)

Why: The dual-return system (GSTR-1 + GSTR-3B) was adopted because the original single-return concept (GSTR-1, 2, 3) failed technically. GSTR-1 provides invoice-level data for recipient's ITC matching (via GSTR-2B), while GSTR-3B enables tax payment on a self-declared basis.

Late Fee (S.47)

Default Fee
Late filing of GSTR-3B (with tax liability) Rs.50 per day (Rs.25 CGST + Rs.25 SGST), max Rs.10,000
Late filing of GSTR-3B (nil return) Rs.20 per day (Rs.10 + Rs.10), max Rs.10,000
Late filing of GSTR-1 Rs.50/Rs.20 per day (same structure)
Late filing of GSTR-9 (annual) Rs.200 per day (max 0.25% of turnover in State/UT)

QRMP Scheme (Quarterly Return Monthly Payment)

Feature Detail
Eligibility Aggregate turnover ≤ Rs.5 crore in preceding FY
Returns GSTR-1 quarterly + GSTR-3B quarterly
Tax payment Monthly (by 25th of following month) using PMT-06 challan
Invoice Furnishing Facility (IFF) Optional: upload B2B invoices monthly (for recipient's ITC in GSTR-2B)
Benefit Reduced compliance burden (4 returns instead of 12 per year)

Recall Check

  1. What is the due date for filing GSTR-3B?
  2. What is the purpose of GSTR-1?
  3. What is the QRMP scheme?

Key Cases

No significant judicial pronouncements on return-filing provisions as they are procedural. Disputes typically involve late fee waivers and technical glitches on the GST portal, resolved through administrative circulars rather than judicial decisions.

Distinctions

Feature GSTR-1 GSTR-3B
Purpose Report outward supply details (invoices) Declare liability and pay tax
Due date 11th of next month 20th of next month
Tax payment Not required Required (liability discharged here)
Invoice details Full invoice-wise data Summary (consolidated)
ITC impact Populates recipient's GSTR-2B Recipient claims ITC based on GSTR-2B
Revision Amendments in next period GSTR-1 Not directly revisable (adjust in next period)
Section S.37 S.39

Flashcards

Q: What is the due date for monthly GSTR-1? A: 11th of the month following the tax period.

Q: What is the due date for monthly GSTR-3B? A: 20th of the month following the tax period.

Q: What return must be filed by a composition dealer? A: GSTR-4 (annually, by 30 April of the following year).

Q: What is the QRMP scheme? A: Quarterly Return Monthly Payment: taxpayers with turnover ≤ Rs.5 crore file GSTR-1 and GSTR-3B quarterly but pay tax monthly.

Q: What is the late fee for delayed GSTR-3B filing? A: Rs.50 per day of delay (Rs.25 CGST + Rs.25 SGST), maximum Rs.10,000 per return period.

Q: What is GSTR-9? A: Annual return filed by 31 December of the following financial year, consolidating all monthly/quarterly returns.

Exam Scenario

M/s Delta (monthly turnover Rs.10 lakh, registered in Telangana) files GSTR-3B for the month of October on 15 December (due date was 20 November). Tax liability for October was Rs.50,000. Compute the late fee.

Approach: Delay = 15 December minus 20 November = 25 days. Late fee = Rs.50/day × 25 days = Rs.1,250 (Rs.625 CGST + Rs.625 SGST). Maximum cap is Rs.10,000 per return (not breached here). Additionally, interest under S.50 at 18% per annum applies on the unpaid tax of Rs.50,000 for 25 days = Rs.50,000 × 18% × 25/365 = approx Rs.616. Total additional liability = Rs.1,250 (late fee) + Rs.616 (interest) = Rs.1,866.