Goods and Services Tax – GST – By: – CA.VINOD CHAURASIA – Dated:- 25-9-2017 Last Replied Date:- 26-9-2017 – Introduction: This article discusses in detail whether GSTR-3B is to be filed mandatorily or not when it entails huge tax liability due to submission of some wrong information & non revision of the same or filing of the same can be avoided filing of GSTR-1, 2 & 3? Query : Sir, i have done mistake in GSTR-3B while submitting the same which has resulted in huge tax liability, so i have not filled the same as there on option to rectify the same on GST website. Can I avoid the filling of GSTR-3B and comply with law by GSTR-1, 2 & 3 in the days to come? Ans. No. The filling of GSTR-3B is mandatory as per CGST rule 61(5). For this, attention is invited to old & revised CGST rule 61(5) & newly introduced rule 61(6) vide notification no. 17 /2017 Central Tax dated 27th July 2017 and are reproduced below: Old rule 61(5) Where the time limit for furnishing of details i
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based on other liabilities of preceding tax periods and PART B of the said return shall be electronically generated on the basis of the return in FORM GSTR-3B furnished in respect of the tax period; (b) the registered person shall modify Part B of the return in FORM GSTR-3 based on the discrepancies, if any, between the return in FORM GSTR-3B and the return in FORM GSTR-3 and discharge his tax and other liabilities, if any; (c) where the amount of input tax credit in FORM GSTR-3 exceeds the amount of input tax credit in terms of FORM GSTR-3B, the additional amount shall be credited to the electronic credit ledger of the registered person. Earlier Rule 61(5) specified that GSTR-3B is to be filed in lieu of GSTR-3. Which meant that if you are filing GSTR-3B, you need not file GSTR-3. But, the words in lieu of have been removed in the amended Rule 61(5). Accordingly it can be construed that: • A tax payer has to file GSTR-3B • A tax payer also has to file GSTR-3 Analysis of new
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yer. Revised due dates of filing GSTR-3B as per latest Notification No. 35/2017 – Central Tax dated 15th September, 2017 Month Last Date for filing GSTR-3B Aug-17 20th September 2017 Sep-17 20th October 2017 Oct-17 20th November 2017 Nov-17 20th December 2017 Dec-17 20th January 2018 From the above discussion, it is amply clear that filing of GSTR-3B is mandatory in addition of filling of GSTR-1, 2 & 3. If GSTR-3B is not filled with in time prescribed that there shall be levy of late fee @ ₹ 100 per day subject to maximum of ₹ 5,000/- per Act along penal interest for non payment of tax. However in case of GSTR-3B wrongly submitted by not filed due to excess tax liability, a request may be made to jurisdictional commissioner to allow revision of the same. The author is a practising CA based in Delhi and is registered Insolvency Professional. He can be reached at cavinodchaurasia@gmail.com , Mob. +91 9953587496. – Reply By vijay kumar – The Reply = With reference to your
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