Can the filling of GSTR-3B be avoided by filing GSTR-1, 2 & 3?
By: – CA.VINOD CHAURASIA
Goods and Services Tax – GST
Dated:- 25-9-2017<\/p>\n
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?”
\nQuery : 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?
\nAns. No. The filling of GSTR-3B is mandatory as per CGST rule 61(5).
\nFor 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:
\n ”
\n Old rule
\n 61(5) Where the tim<\/p>\n
= = = = = = = =<\/p>\n
Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n urnished through FORM GSTR-1, FORM GSTR-2 and 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; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n in GSTR-3B, the surplus will be credited to electronic credit ledger of the taxpayer. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n","protected":false},"excerpt":{"rendered":" Can the filling of GSTR-3B be avoided by filing GSTR-1, 2 & 3?By: – CA.VINOD CHAURASIAGoods and Services Tax – GSTDated:- 25-9-2017 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 … Continue reading “Can the filling of GSTR-3B be avoided by filing GSTR-1, 2 & 3?”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7914","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/7914","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7914"}],"version-history":[{"count":0,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/7914\/revisions"}],"wp:attachment":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7914"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7914"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7914"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\n (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;
\n (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.
\n ”
\nEarlier 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.
\nBut, the words “in lieu of” have been removed in the amended Rule 61(5). Accordingly it can be construed that:
\n• A tax payer has to file GSTR-3B\n<\/p>\n
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\nRevised due dates of filing GSTR-3B as per latest Notification No. 35\/2017 – Central Tax dated 15th September, 2017
\nMonth
\nLast Date for filing GSTR-3B
\nAug-17
\n20th September 2017
\nSep-17
\n20th October 2017
\nOct-17
\n20th November 2017
\nNov-17
\n20th December 2017
\nDec-17
\n20th January 2018
\nFrom the above discussion, it is amply clear that filing of GSTR-3B is mandatory in addition of filling of GSTR-1, 2 & 3.
\nIf 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.
\nHowever 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.
\nThe author is a practising CA based in Delhi and is registered Insolvency Professional. He can be reached at cavinodchaurasi<\/p>\n
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