[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs
Notification No. 49/2018 – Central Tax
New Delhi, the 13th September, 2018
G.S.R……(E).- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:-
- (1) These rules may be called the Central Goods and Services Tax (Tenth Amendment) Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.
- In the FORMS to the Central Goods and Services Tax Rules, 2017, after FORM GSTR-9A, the following shall be inserted, namely:-
“FORM GSTR-9C See rule 80(3)
PART – A – Reconciliation Statement
Pt. I | Basic Details | ||||||||||||
Financial | |||||||||||||
1 | Year | ||||||||||||
GSTIN | |||||||||||||
2 | |||||||||||||
3A | Legal Name | < Auto> | |||||||||||
Trade Name | |||||||||||||
3B | (if any) | <Auto> | |||||||||||
4 | Are you liable to audit under any Act? | <<Please specify>> | |||||||||||
(Amount in ₹ in all tables) | |||||||||||||
Pt. | Reconciliation of turnover declared in audited Annual Financial Statement with | ||||||||||||
II | turnover declared in Annual Return (GSTR9) | ||||||||||||
5 | Reconciliation of Gross Turnover | ||||||||||||
Turnover (including exports) as per audited financial | |||||||||||||
A | statements for the State / UT (For multi-GSTIN units under | ||||||||||||
same PAN the turnover shall be derived from the audited | |||||||||||||
Annual Financial Statement) | |||||||||||||
B | Unbilled revenue at the beginning of Financial Year | (+) | |||||||||||
C | Unadjusted advances at the end of the Financial Year | (+) | |||||||||||
D | Deemed Supply under Schedule I | (+) | |||||||||||
E | Credit Notes issued after the end of the financial year | (+) | |||||||||||
but reflected in the annual return | |||||||||||||
F | Trade Discounts accounted for in the audited Annual | (+) | |||||||||||
(GSTR 9)
Erroneous refund to be paid back Outstanding demands to be settled Other (Pl.specify)Verification:
I hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my knowledge and belief and nothing has been concealed there from.
**(Signature and stamp/Seal of the Auditor)
Place: ……………
Name of the signatory …………………
Membership No………………
Date: ……………
Full address ………………………
- Terms used:
- GSTIN: Goods and Services Tax Identification Number
- The details for the period between July 2017 to March 2018 are to be provided in this statement for the financial year 2017-18. The reconciliation statement is to be filed for every GSTIN separately.
- The reference to current financial year in this statement is the financial year for which the reconciliation statement is being filed for.
- Part II consists of reconciliation of the annual turnover declared in the audited Annual Financial Statement with the turnover as declared in the Annual Return furnished in FORM GSTR-9 for this GSTIN. The instructions to fill this part are as follows :-
Table No. | Instructions |
5A | The turnover as per the audited Annual Financial Statement shall be declared |
here. There may be cases where multiple GSTINs (State-wise) registrations | |
exist on the same PAN. This is common for persons / entities with presence | |
over multiple States. Such persons / entities, will have to internally derive | |
their GSTIN wise turnover and declare the same here. This shall include | |
export turnover (if any). It may be noted that reference to audited Annual | |
Financial Statement includes reference to books of accounts in case of persons | |
/ entities having presence over multiple States. | |
5B | Unbilled revenue which was recorded in the books of accounts on the basis of |
accrual system of accounting in the last financial year and was carried forward | |
to the current financial year shall be declared here. In other words, when GST | |
is payable during the financial year on such revenue (which was recognized | |
earlier), the value of such revenue shall be declared here. | |
(For example, if rupees Ten Crores of unbilled revenue existed for the | |
financial year 2016-17, and during the current financial year, GST was paid on | |
rupees Four Crores of such revenue, then value of rupees Four Crores rupees | |
shall be declared here) | |
5C | Value of all advances for which GST has been paid but the same has not been |
recognized as revenue in the audited Annual Financial Statement shall be | |
declared here. | |
5D | Aggregate value of deemed supplies under Schedule I of the CGST Act, 2017 |
shall be declared here. Any deemed supply which is already part of the | |
turnover in the audited Annual Financial Statement is not required to be | |
included here. | |
5E | Aggregate value of credit notes which were issued after 31st of March for any |
- Part III consists of reconciliation of the tax payable as per declaration in the reconciliation statement and the actual tax paid as declared in Annual Return (GSTR9). The instructions to fill this part are as follows :-
Table No. | Instructions |
9 | The table provides for reconciliation of tax paid as per reconciliation statement |
and amount of tax paid as declared in Annual Return (GSTR 9). Under the | |
head labelled ―RC‖, supplies where tax was paid on reverse charge basis by | |
the recipient (i.e. the person for whom reconciliation statement has been | |
prepared ) shall be declared. | |
- Reasons for non-reconciliation between payable / liability declared in Table 9P above and the amount payable in Table 9Q shall be specified here.
- Any amount which is payable due to reasons specified under Table 6, 8 and 10 above shall be declared here.
- Part IV consists of reconciliation of Input Tax Credit (ITC). The instructions to fill Part IV are as under:-
Table No. | Instructions |
12A | ITC availed (after reversals) as per the audited Annual Financial Statement |
shall be declared here. There may be cases where multiple GSTINs (State- | |
wise) registrations exist on the same PAN. This is common for persons / | |
entities with presence over multiple States. Such persons / entities, will have | |
to internally derive their ITC for each individual GSTIN and declare the same | |
here. It may be noted that reference to audited Annual Financial Statement | |
includes reference to books of accounts in case of persons / entities having | |
presence over multiple States. | |
12B | Any ITC which was booked in the audited Annual Financial Statement of |
earlier financial year(s)but availed in the ITC ledger in the financial year for | |
which the reconciliation statement is being filed for shall be declared here. | |
This shall include transitional credit which was booked in earlier years but | |
availed during Financial Year 2017-18. | |
12C | Any ITC which has been booked in the audited Annual Financial Statement of |
the current financial year but the same has not been credited to the ITC ledger | |
for the said financial year shall be declared here. | |
12D | ITC availed as per audited Annual Financial Statement or books of accounts |
as derived from values declared in Table 12A, 12B and 12C above will be | |
auto-populated here. | |
12E | Net ITC available for utilization as declared in Table 7J of Annual Return |
(GSTR9) shall be declared here. | |
13 | Reasons for non-reconciliation of ITC as per audited Annual Financial |
Statement or books of account (Table 12D) and the net ITC (Table12E) | |
- Part V consists of the auditor’s recommendation on the additional liability to be discharged by the taxpayer due to non-reconciliation of turnover or non-reconciliation of input tax credit. The auditor shall also recommend if there is any other amount to be paid for supplies not included in the Annual Return. Any refund which has been erroneously taken and shall be paid back to the Government shall also be declared in this table. Lastly, any other outstanding demands which is recommended to be settled by the auditor shall be declared in this Table.
- Towards, the end of the reconciliation statement taxpayers shall be given an option to pay their taxes as recommended by the auditor.
PART – B- CERTIFICATION
- Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by the person who had conducted the audit:
- I/we have examined the—
- balance sheet as on ………
- the *profit and loss account/income and expenditure account for the period beginning from ………..…to ending on ……., and
(c) the cash flow statement for the period beginning from ……..…to ending on ………, —
attached herewith, of M/s …………… (Name), …………………….………… (Address),
..…………………(GSTIN).
2. Based on our audit I/we report that the said registered person—
*has maintained the books of accounts, records and documents as required by the IGST/CGST/<<>>GST Act, 2017 and the rules/notifications made/issued thereunder
*has not maintained the following accounts/records/documents as required by the
IGST/CGST/<<>>GST Act, 2017 and the rules/notifications made/issued thereunder:
1.
2.
3.
- (a) *I/we report the following observations/ comments / discrepancies / inconsistencies; if any:
…………………………………….
…………………………………….
3. (b) *I/we further report that, –
- *I/we have obtained all the information and explanations which, to the best of *my/our knowledge and belief, were necessary for the purpose of the audit/ information and explanations which, to the best of *my/our knowledge and belief, were necessary for the purpose of the audit were not provided/partially provided to us.
- In *my/our opinion, proper books of account *have/have not been kept by the registered person so far as appears from*my/ our examination of the books.
- I/we certify that the balance sheet, the *profit and loss/income and expenditure account and the cash flow Statement are *in agreement/not in agreement with the books of account maintained at the Principal place of business at ……………………and **
……………………additional place of business within the State.
- The documents required to be furnished under section 35 (5) of the CGST Act and Reconciliation Statement required to be furnished under section 44(2) of the CGST Act is annexed herewith in Form No. GSTR-9C.
- In *my/our opinion and to the best of *my/our information and according to explanations given to *me/us, the particulars given in the said Form No.GSTR-9C are true and correct subject to following observations/qualifications, if any:
- ……………………………………………………………………………………
- ……………………………………………………………………………………
- ……………………………………………………………………………………
………………………………………
**(Signature and stamp/Seal of the Auditor)
Place: ……………
Name of the signatory …………………
Membership No………………
Date: ……………
Full address ………………………
- Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by a person other than the person who had conducted the audit of the accounts:
*I/we report that the audit of the books of accounts and the financial statements of M/s.
………………..…………………. (Name and address of the assessee with GSTIN) was
conducted by M/s. …………………………………………..………. (full name and address
of auditor along with status), bearing membership number in pursuance of the provisions of the …………………………….Act, and *I/we annex hereto a copy of their audit report dated
……………………………. along with a copy of each of :-
- balance sheet as on ………
- the *profit and loss account/income and expenditure account for the period beginning from ………..…to ending on …….,
- the cash flow statement for the period beginning from ……..…to ending on ………, and
- documents declared by the said Act to be part of, or annexed to, the *profit and loss account/income and expenditure account and balance sheet.
2. I/we report that the said registered person—
*has maintained the books of accounts, records and documents as required by the IGST/CGST/<<>>GST Act, 2017 and the rules/notifications made/issued thereunder
*has not maintained the following accounts/records/documents as required by the
IGST/CGST/<<>>GST Act, 2017 and the rules/notifications made/issued thereunder:
1.
2.
3.
- The documents required to be furnished under section 35 (5) of the CGST Act and Reconciliation Statement required to be furnished under section 44(2) of the CGST Act is annexed herewith in Form No.GSTR-9C.
- In *my/our opinion and to the best of *my/our information and according to examination of books of account including other relevant documents and explanations given to *me/us, the particulars given in the said Form No.9C are true and correct subject to the following observations/qualifications, if any:
- (a) …………………………….…………………………….………………………
- …………………………….…………………………….………………………
- …………………………….…………………………….………………………
………………………………………
**(Signature and stamp/Seal of the Auditor)
Place: ……………
Name of the signatory …………………
Membership No………………
Date: ……………
Full address ………………………‖.
[F. No. 349/58/2017-GST (Pt.)]
(Gunjan Kumar Verma)
Under Secretary to the Government of India
Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June, 2017, published vide number G.S.R 610 (E), dated the 19th June, 2017 and last amended vide notification No. 48/2018-Central Tax, dated the 10th September, 2018, published vide number G.S.R 859 (E), dated the 10th September, 2018.