Extension of Date of Filing Form GSTR-3B and NOT for Payment of Taxes

Goods and Services Tax – GST – By: – Anuj Bansal – Dated:- 21-8-2017 – GST council has extended the date for furnishing Form GSTR-3B for the month July 2017, from 20th August, 2017 to 28th August, 2017 vide Notification No. 23/2017 – Central Tax dated 17th August, 2017. This extension is only for such registered person who have opted to file FORM GST TRAN-1 on or before 28th August, 2017 in order to carry forward input tax credit pertaining to period prior to appointed date to GST regime and to set off the same with output tax liability for the month of July, 2017 in Form GSTR-3B, provided following conditions are fulfilled:- Compute the tax payable for the month of July, 2017 and deposit the same in cash on or before the 20th August, 2017

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for payment of taxes It can be seen that extension is only for filing of GSTR-3B for those who wish to file GST TRAN- 1 on or before 28th August, 2017 and not for payment of taxes. Due date for payment of taxes is still 20th August, 2017 for all the registered persons. Period for filing GST TRAN – 1 shortened For availing the benefit of carry forward credit in the return GSTR-3B one has to forgo the relaxation period of 33 days (Total 90 days from 1st July, 2017) which will be still left after 28th August, 2017 for filing Form GST TRAN-1 in normal circumstances. In total 7 days, from the date of such notification, one has to file both GST TRAN-1 and GSTR- 3B. No Provision to revise GST TRAN-1 Once filed, there is no provision to revise GST

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radictory to the provisions of section 39(7) of the CGST Act, 2017 which states that Every registered person, who is required to furnish a return under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (5), shall pay to the Government the tax due as per such return not later than the last date on which he is required to furnish such return . This implies that the due date of payment of taxes is the due date for furnishing the return. Thus, if the due date of filing GSTR-3B is 28th August, 2017 then due date of payment of taxes should also be 28th August, 2017 and not 20th August, 2017. This notification beats the provision of GST Act mentioned aforesaid. GSTR-3B filed before issuance of the said notification Registered pe

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