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Negative Side of Extension of Due Dates for GSTR-9 and 9C
The due date for filing of Annual Return (Form GSTR 9) and GST Audit (Form 9C) for FY 17-18 has been extended to 30th Nov 2019 vide 7th Removal of Difficulty Order, 2019 issued on 26 August 2019 by Central Board of Indirect Taxes and Customs. Consequently, it has benefited the masses being business houses, consultants or auditors for efficiently and effectively completing the work. However, it may create difficulty in future due to following provisions in the GST Act.
Firstly, Section 73 and Section 74 of the CGST Act that deals with the assessment notices and the time period of its issue also get an automatic extension.
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Section 73 |
Section 74 |
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Section 73(1) of CGST Act: Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized for any reason other than fraud or any willful misstatement or suppression of facts. |
Section 74(1) of CGST Act: Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized by reason of fraud or any willful misstatement or suppression of facts. |
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Section 73(2): The proper officer shall issue the notice u/s 73(1) at least three months prior to the time limit specified in sec 73(10) for issuance of order. |
Section 74(2): The proper officer shall issue the notice u/s 74(1) at least six months prior to the time limit specified in sub-section (10) for issuance of order. |
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Section 73(10): The proper officer shall issue the order u/s 73(9) within three years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilized relates to or within three years from the date of erroneous refund. |
Section 74(10): The proper officer shall issue the order u/s 74(9) within a period of five years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilized relates to or within five years from the date of erroneous refund. |
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Accordingly, due to above provisions and notification of date extension order of assessments can be issued up to 30th of November 2022 and notices can be issued up to 31st August 2022. |
Accordingly, due to above provisions and notification of date extension order of assessments can be issued up to 30th of November 2024 and notices can be issued up to 31st May 2024. |
Secondly, As per section 36 of CGST Act , books of account or other records u/s 35(1) of the Act are required to be retained till 72 months (6 years) from the due date of furnishing the annual return.
However, with the extension of due date for filing the annual return for FY 17-18, the books of accounts and records for FY 17-18 shall have to be retained by every registered person till 30th November 2025 u/s 35(1).
Therefore, although we are continually enjoying the current repetitive free date extensions remember that the Government may ask us to make the payment for it later.