final return (gstr-10) under gst

Final Return (GSTR-10) under GST

CA Prateek Agarwal
3 min read

A taxable person whose GST registration is cancelled has to file a return in Form GSTR-10 called a Final Return.

Applicability of Filling FORM GSTR-10

GSTR-10 is mandatory to be filled when GST registration is cancelled or surrendered except -

  1. Input service distributor
  2. Non-resident taxable person
  3. A person paying tax under Composition scheme
  4. A person required to deduct tax at source under section 51
  5. A person required to collect tax at source under section 52

Time Limit for Filing

This return should be filed within 3 months from the date of cancellation/surrender or the date of order of cancellation, whichever is later.

Purpose of Form GSTR-10

  1. To provide the details of ITC involved in closing Stock (including inputs and capital goods) to be reversed /paid by the taxpayer.
  2. This is a statement of stock held by the taxpayer on the day immediately preceding the date from which cancellation is made effective.

Manner of filling form GSTR-10

  1. Before filing the final return in form GSTR-10 the taxpayer must mandatorily file any pending return in FORM GSTR-3B and GSTR-1.
  2. Form GSTR-10 can be accessed by the taxpayer by logging on to the GST portal using a valid user ID and password.
  3. After logging in on the GST portal follow the path - Services >>> Returns >>> Final Return
  4. You can file the return online or by using the offline mode as well. But once you have filled the FORM GSTR-10 you cannot revise it.

Details needed for GSTR-10

  1. Address for any future correspondence
  2. The effective date of surrender/cancellation – the date mentioned in the official order
  3. Reference number of cancellation order – the order of cancellation is passed with a unique ID
  4. Date of cancellation – the date when the order of cancellation is passed.
  5. Particulars of closing Stock [Stock includes stock, inputs in semi-finished goods, and capital goods also] on which ITC is required to be reversed or paid back to the government.
  6. Amount of tax payable and tax paid – For calculation of tax liability, Stock held shall be taken up to the date just preceding the date with effect from which the cancellation order has been issued.
  7. Interest, late fees payable, and paid

Before submitting the final return, the user must review the FORM GSTR-10 by clicking ‘PREVIEW DRAFT GSTR-10’ before filling the GSTR-10

You can also file a nil return in the FORM GSTR-10 if the facts permit you.

Penalty on the late filling of form GSTR-10

  1. For non-filling of form GSTR-10 within 3 months a fine of Rs. 200 per day being Rs. 100 for CGST and Rs. 100 for SGST/UTGST up to a maximum of Rs.10,000 Shall be levied.
  2. A notice in Form GSTR-3A shall be issued to the taxpayer, Stating the taxpayer must file the FORM GSTR-10 within 15 days from the receipt of the notice.
  3. If Form GSTR-10 is not filled within 15 days' notice, the proper office Shall issue a final penalty notice to the taxpayer, requiring him to file GSTR-10 along with the penalty and interest as prescribed.

CA Prateek Agarwal

About CA Prateek Agarwal

CA Prateek Agarwal has over 12 years of experience in tax practice. He also has over 6 years of experience in writing articles related to GST, Income Tax, and other financial topics.