(Last Updated On: May 28, 2018)

GST Final Return ( GSTR 10)

Here is the complete analysis of GST Final Return GSTR 10

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Which return is to be filed after Cancellation of GST registration ?

Central Board of Indirect Taxes and Customs on 18th April 2018 vide Notification No. 21/2018 – Central Tax notified the FORM GSTR-10 for furnishing Final return in GST after cancellation of GST registration.

What is GSTR 10

A taxable person whose GST registration is cancelled or surrendered has to file a return in the form of GSTR-10. This return is called as final return.

What is the time to furnish Final return in GSTR 10?

As per section 45, of THE CENTRAL GOODS AND SERVICES TAX ACT 2017 (Final Return), every registered who is required to furnish the return under sub-section (1) of section 39 and whose registration has been cancelled shall furnish a final return within three months of the

date of cancellation or
date of order of cancellation,

whichever is later in such form and manner as may be prescribed.

If Final return in GSTR 10 is not filed within Time

Notice to return defaulters will be issued as per Section 46 of CGST Act 2017. Which says

Where a registered person fails to furnish a return under section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within fifteen days in such form and manner as may be prescribed.

f the person still fails to file the return, the tax officer will pass the final order for the cancellation with the amount of tax payable along with interest/penalty.

Late Fees if Final return in GSTR 10 not filed within Time

Refer Section 47(1) of CGST Act 2017

47. (1) Any registered person who fails to furnish the details of outward or inward supplies required under section 37 or section 38 or returns required under section 39 or section 45(Final Return) by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees.

Comment : Thus registered person has to pay Rs 100 per day subject to a maximum of Rs 5000/- under CGST Act and Rs 100 per day subject to a maximum of Rs 5000/ under SGST Act

How to furnish the final return in GSTR 10 ?

Rule 81 of CGST Rules : Final return

Every registered person required to furnish a final return under section 45, shall furnish such return electronically in FORM GSTR-10 through the common portal either directly or through a Facilitation Centre notified by the Commissioner.

Who is not required to furnish the Final return in FORM GSTR 10 ?

This form is not required to be filed by taxpayers or persons who are registered as:-
(i) Input Service Distributors;
(ii) Persons paying tax under section 10;(Composition dealer)
(iii) Non-resident taxable person;
(iv) Persons required to deduct tax at source under section 51; and
(v) Persons required to collect tax at source under section 52.

Comment :

If GST registration is not cancelled , then regular taxpayers are not required to file GSTR 10 (Final return.

As per section 45, of CGST Act 2017 (Final Return), only those persons mentioned in Section 39(1) of CGST Act are required to file GSTR 10 and above mentioned persons are excluded from Section 39(1) of CGST Act 2017.

Composition dealer is also not required to file Final return on Cancellation of registration because he is mentioned in Section 39(2) of CGST Act and not under Section 39(1) of CGST Act

What is the Format of GSTR 10 Final Return

Download format of GSTR 10

[ As Notified by Notification No 21/2018 Central Tax Dated 18th April 2018 ]

Whether GST Practitioner can file Final Return of Taxpayer in GSTR 10 ?

Yes , GST Practitioner can be authorised to furnish final return on behalf of registered person. However responsibility for correctness of return filed by GST Practitioner will be of registered person whose return has been filed.

A registered taxable person may authorise an approved GST Practitioner to furnish the details of outward supplies under section 37, the details of inward supplies under section 38 and the return under section 39 (monthly return), section 44 (annual return) or section 45 (final return after closure) in such manner as may be prescribed – section 48(2) of CGST Act.

The responsibility for correctness of any particulars furnished in the return or other details filed by the GST Practitioner shall continue to rest with the registered person on whose behalf such return and details are filed — section 48(2) of CGST Act.

What is the difference between Final Return and Annual Return?

Annual return has to be filed by every registered person paying tax as normal taxpayer under GST. Annual return is to be filed once a year in Form GSTR 9.

Details to be provided in GSTR-10

GSTR 10 has a total of 10 sections.

Following are the sections which will be auto-populated at the time of system login:

GSTIN
Legal Name
Business Name
Address

Below are the sections under which information needs to be furnished:

5. Application Reference Number: ARN needs to be furnished in case the application for cancellation has been approved by the authorities. In such cases, ARN will be communicated to the taxpayer at the time of passing the cancellation order.

6. Effective Date of Surrender/Cancellation: Here you need to mention the date of cancellation of GST registration as contained in the order.

7. Whether cancellation order has been passed: Taxpayer needs to specify whether the return is being filed on the basis of cancellation order or on a voluntary basis.

8. If Yes, Unique ID of Cancellation order: Unique ID will be provided by the authorities at the time of passing cancellation order.

9. Date of Cancellation Order: This will be the date on which the GST registration cancellation order is passed by the authorities.

10. Particulars of Closing Stock: Taxpayer needs to furnish details of closing stock held at the time of ceasing the business. Any amount of credit lying in such stock needs to be paid along with this return.

View Complete form of GSTR 10