Question 63:
I forgot to give tax under RCM of unregistered person (Period 01/07/2017 to 06/10/2017). Now I want to pay the tax and show the same in returns. I have already filed return for the M/o March 2018.
Answer
You can pay tax along with interest (charged from the due date of return
in which you are required to furnish details of invoice) and feed the details of
previous months "inward supply under reverse charge" in the succeeding GSTR-3B
Circular No. 26/26/2018-GST dated 29.11.2017 clarifies the above as follows:-
4. It is clarified that as return in FORM GSTR-3B do not contain provisions for
reporting of differential figures for past month(s), the said figures may be
reported on net basis along with the values for current month itself in
appropriate tables i.e. Table No. 3.1, 3.2, 4 and 5, as the case may be. It may
be noted that while making adjustment in the output tax liability or input tax
credit, there can be no negative entries in the FORM GSTR-3B. The amount
remaining for adjustment, if any, may be adjusted in the return(s) in FORM
GSTR-3B of subsequent month(s) and, in cases where such adjustment is not
feasible, refund may be claimed. Where adjustments have been made in FORM
GSTR-3B of multiple months, corresponding adjustments in FORM GSTR-1 should also
preferably be made in the corresponding months.
If you have doubt regarding closing of Financial year then proviso to section 39
provides that you can do any rectification in the returns upto the furnishing of
annual return or return for the month of September after the end of FY to which
invoice relates (which ever earlier).
Proviso in section 39 reproduced below:-
"no such rectification of any omission or incorrect particulars shall be allowed
after the due date for furnishing of return for the month of September or second
quarter following the end of the financial year, or the actual date of
furnishing of relevant annual return, whichever is earlier."
(Reply dt.20/06/2018)