QUESTION

We are filling the GSTR9 and 9C for the F.Y. 2020-21 and have following query as below : RELATED TO GSTR-9 a. Whether HSN wise declaration is mandatory to fill in table 17 (Outward Supply) and 18 (Inward Supply) or optional? If we did not declare the same whether there is any penal action for it. b. We have claimed the ITC in the F.Y. 2020-21 but vendors have not declared the Invoice in his GSTR-1, further we have raised the Debit note in the F.Y. 2021-22 and accounted the same in the F.Y. 2021-22. i. Whether should be declared in GSTR-9 for the F.Y. 2020-21 or 2021-22. ii. If yes in which table, it should be shown? iii. Whether it can be adjusted in Table 8C for reconciliation of GSTR2A or not. iv. Whether it should be shown in GSTR9C if yes in which table. c. Whether segregation of ITC in the head of Capital Goods, Input and Input Service is mandatory or optional? If we did not declare the same whether there is any penal action for it. RELATED TO GSTR9C a. Whether Reconciliation of ITC declared in Annual Return (GSTR9) with ITC availed on expenses as per audited Annual Financial Statement or books of account is mandatory or option for the F.Y. 2020-21 Please give the reply at your earliest to file the Annual Return.

ANSWER

FACTS OF THE CASE: Optional /mandatory fields for Filing GSTR-9 and GSTR-9C for FY 2020-21 or 2021-22.

REPLY: FORM GSTR-9 and GSTR-9C For FY 2020-21 were amended Vide Notification No. 30/2021 Central Tax dt. 30.07.2021.

However for FY 2021-22, no such instructions or amendments are notified yet.

Point wise reply to your queries is as follows:

RELATED TO GSTR-9 

a. As per Instruction No. 8 (Point 17& 18)

Summary of supplies effected and received against a particular HSN code to be reported only in this table. It will be optional for taxpayers having annual turnover upto Rs. 1.50 Cr. It will be mandatory to report HSN code at two digits level for taxpayers having annual turnover in the preceding year above Rs. 1.50 Cr but upto Rs. 5.00 Cr and at four digits' level for taxpayers having annual turnover above Rs. 5.00 Cr. UQC details to be furnished only for supply of goods. Quantity is to be reported net of returns. Table 12 of FORM GSTR-1 may be used for filling up details in Table 17.It may be noted that this summary details are required to be declared only for those inward supplies which in value independently account for 10 % or more of the total value of inward supplies. For FY 2017-18, 2018-19, 2019-20 and 2020-21, the registered person shall have an option to not fill this table.

b. As the Debit Note has been issued in FY 2021-22, and the effect of the same has been taken in return of FY 2021-22, therefore it will be considered in Annual return of FY 2021-22 and not in FY 2020-21.

It cannot be adjusted in Table 8C as the same is related to ITC on inward supplies received during the FY 2020-21 but availed in next FY i.e. 2021-22.

c. As per Instruction No. 5 (Point No. 6B)

For FY 2019-20 and 2020-21, the registered person shall report the breakup of input tax credit as capital goods and have an option to either report the breakup of the remaining amount as inputs and input services or report the entire remaining amount under the 'inputs' row only.

RELATED TO GSTR9C

a. As per Instruction No. 6 (Point No. 14)

This table is for reconciliation of ITC declared in the Annual Return (GSTR9) against the expenses booked in the audited Annual Financial Statement or books of account. The various sub-heads specified under this table are general expenses in the audited Annual Financial Statement or books of account on which ITC may or may not be available. Further, this is only an indicative list of heads under which expenses are generally booked. Taxpayers may add or delete any of these heads but all heads of expenses on which GST has been paid / was payable are to be declared here. FY 2017-18, 2018-19, 2019-20 and 2020-21, the registered person shall have an option to not fill this Table. (Reply dt. 21/12/2021)