First Return under section 40

[Ashiesh Prremji]

Dear Experts,

If GST registration has been taken after 30 days from the date on which liability to take registration arises. It was liable to get registration from Aug 21 but got registration in April 22. we have some B2C transactions between that period, as per Section 40 we need to declare the same in first Return.

Please suggest whether we should declare that B2C transactions in April 22 GSTR-1 & accordingly in GSTR-3B for tax payment ?

Thank You !

[Ganeshan Kalyani]

In my view you have to show all outward supplies in the return that has exceeded the threshold limit for GST registration.

[KASTURI SETHI]

Answer is YES. Section 40 is very much clear. What raises doubt in your mind ? I agree with Sh.Ganeshan Kalyani Ji.

[Ashiesh Prremji]

Thanks to both of you Sir !

Just wanted to confirm, no doubt.

[Shilpi Jain]

If u have delayed registration and taken in to apr 22 ( I am assuming it is effective apr) then the liability of aug '21 will also have to be disclosed in apr 22 returns itself.

The portal presently does not allow taking belated registration of this much period .so disclose ur aug 21 transactions in the apr 22 return as u have no other choice

AI Summary

Section 40 disclosure: include pre registration B2C outward supplies in the first return and pay tax via returns. Section 40 requires disclosure of outward supplies made before a belated GST registration in the registrant's first return; pre registration B2C transactions should be reported in the first period's GSTR 1 and the tax paid via GSTR 3B, notwithstanding portal limitations on backdating registration.