Filing of Returns under GST- regarding
26\/26\/2017 Dated:- 29-12-2017 CGST – Circulars \/ Ordes
GST
Circular No. 26\/26\/2017-GST
\nF. No. 349\/164\/2017\/-GST
\nGovernment of India
\nMinistry of Finance
\nDepartment of Revenue
\nCentral Board of Excise and Customs
\nGST Policy Wing
\nNew Delhi, Dated the 29th December , 2017
\nTo,
\nThe Principal Chief Commissioners\/Chief Commissioners\/Principal Commissioners\/ Commissioners of Central Tax (All)
\nThe Principal Director Generals\/ Director Generals (All)
\nSubject: Filing of Returns under GST- regarding
\nThe GST Council, in its 23rd meeting held at Guwahati on 10th November 2017, has taken certain decisions in regard to filing of returns by taxpayers. Subsequently, various representations have been received seeking clarifications on various aspects of return filing such as return filing dates, applicability and quantum of late fee, amendment of errors in submitting \/ filing of FORM GSTR-3B and other related queries. In order to consolidate the<\/p>\n
= = = = = = = =<\/p>\n
Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n nbsp; = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n st date for filing of FORM GSTR-4 is within eighteen days after the end of such quarter. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ard. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ax credit, there can be no negative entries in the FORM GSTR-3B. The amount remaining for adjustment, if any, may be adjusted in the return(s) in FORM GSTR-3B of subsequent month(s) and, in cases where such adjustment is not feasible, refund may be claimed. Where adjustments have been made in FORM GSTR-3B of multiple months, corresponding adjustments in FORM GSTR-1 should also preferably be made in the corresponding months. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n iling (GSTR – 3B) = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n at can they do? = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n to offset their tax liability. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n d = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n r = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ir return for = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n their FORM GSTR 3B for the = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n debiting the cash and = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n","protected":false},"excerpt":{"rendered":" Filing of Returns under GST- regarding26\/26\/2017 Dated:- 29-12-2017 CGST – Circulars \/ OrdesGSTCircular No. 26\/26\/2017-GST F. No. 349\/164\/2017\/-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs GST Policy Wing New Delhi, Dated the 29th December , 2017 To, The Principal Chief Commissioners\/Chief Commissioners\/Principal Commissioners\/ Commissioners of Central Tax … Continue reading “Filing of Returns under GST- regarding”<\/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-9655","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/9655","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=9655"}],"version-history":[{"count":0,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/9655\/revisions"}],"wp:attachment":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9655"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9655"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9655"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
For full text:-Visit the Source <\/a><\/p>\n
\nFeb 3B
\n
\nMar 3B
\n
\nApr 3B
\nGSTR-1
\nJuly to Nov 2017
\n
\nDec 2017
\n
\n
\nJan 2018
\n
\nFeb 2018
\n
\n
\nMar 2018
\n1.2 It may be noted that all registered persons are required to file their FORM GSTR-3B on a monthly basis in terms of Notification No. 35\/2017-Central Tax (referred to as “CT‟ hereinafter) dated 15th September, 2017 and 56\/2017-CT dated 15th November 2017. Further, Notification No. 71\/2017-CT and Notification No. 72\/2017 – CT both dated 29th December 2017 (superseding Notification No. 57\/2017-CT and 58\/2017-CT both dated 15th November 2017) have been issued to notify the due dates for filing of outward supply statement in FORM GSTR-1 for various months \/ quarters (as depicted in the calendar above) by registered persons having aggregate turnover in the previous financial year or current financial year of upto1.5 Crores rupees and above 1.5 Crores rupees respectively. Since, the option of quarterly filing was not av<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n1.5 It is also clarified that the registered person will self-assess his aggregate turnover in terms of Section 2(6) of the CGST Act, 2017 for the previous financial year or the current financial year (in case of new registrants). Based on this self-assessed turnover, the registered person with turnover up to Rs. 1.5 Crore will be required to file FORM GSTR-1 on quarterly basis instead of on monthly basis. It is also clarified that the registered person may opt to file FORM GSTR-1 on monthly basis if he so wishes even though his aggregate turnover is up to Rs. 1.5 Crore. Once he falls in this bracket or if he chooses to file return on monthly basis, the registered person will not have the option to change the return filing periodicity for the entire financial year. In cases, where the registered person wrongly reports his aggregate turnover and opts to file FORM GSTR-1 on quarterly basis, he<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n3. Amendment \/ corrections \/ rectification of errors:
\n3.1 Various representations have been received wherein registered persons have requested for clarification on the procedure for rectification of errors made while filing their FORM GSTR-3B. In this regard, Circular No. 7\/7\/2017-GST dated 1st September 2017 was issued which clarified that errors committed while filing FORM GSTR – 3B may be rectified while filing FORM GSTR-1 and FORM GSTR-2 of the same month. Further, in the said circular, it was clarified that the system will automatically reconcile the data submitted in FORM GSTR-3B with FORM GSTR-1 and FORM GSTR-2, and the variations if any will either be offset against output tax liability or added to the output tax liability of the subsequent months of the registered person.
\n3.2 Since, the GST Council has decided that the time period of filing of FORM GSTR-2 and FORM GSTR -3 for the month of July 2017 to March 2018 would be worked out by a Committee of officers, the syst<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n5. Where the taxpayer has committed an error in submitting (before offsetting and filing) the information in FORM GSTR-3B, a provision for editing the same has been provided. The facility to edit the information can be used only before offsetting the liability and editing will not be permitted after offsetting the liability. Hence, every care should be taken to ensure the accuracy of the figures before proceeding to offset the liabilities.
\n6. It is further clarified that the information furnished by the registered person in the return in FORM GSTR-3B would be reco<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nStage 2
\nCash Ledger Updated
\nCash was added to the electronic cash ledger
\nas per the return liability. No action was taken
\nafter this step.
\nUse “Edit” facility to add under reported Use “Edit” facility to add such liability and
\nliability.
\nadditional cash, if required (i.e. where
\nsufficient balances are not available in the
\ncredit or cash ledgers) may be deposited in the
\ncash ledger by creating challan in FORM
\nGST PMT-06.
\nCompany A has four units in Haryana,
\nwhile filing their return for the month of
\nJuly, they inadvertently, missed on
\ndetails of a last minute order. Since, they
\nhad already submitted and confirmed
\ntheir output supply details, they were not
\nsure of how to proceed. What can they
\ndo?
\nThe company may use the 'edit return'
\nfacility to add such liability in their
\nsubmitted return and then proceed for
\nfiling of their return.
\nCompany A has four units in Haryana, while
\nfiling their return for the month of July, they
\ninadvertently, miss<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nIn this case, they may report this additional
\nliability in the return of next month and pay
\ntax with interest.
\nfurnish their return.
\nChange in If such liability was not reported in FORM GSTR-1 of the month\/quarter, then such liability may be declared in the subsequent
\nmonth's\/quarter's FORM GSTR-1 in which payment was made.
\nFORM
\nGSTR-1
\nPage 5 of 11
\nCommon
\nError – II
\nLiability
\nwas over
\nreported
\nChange in
\nFORM
\nGSTR-1
\nStage 1
\nConfirmed Submission
\nReturn liabilities \/ Input tax credit
\navailed were confirmed and submitted
\nand therefore no change can be done to
\nthe liability. No action was taken after
\nthis step.
\nStage of Return Filing (GSTR – 3B)
\nStage 2
\nCash Ledger Updated
\nCash was added to the electronic cash ledger
\nas per the return liability. No action was taken
\nafter this step.
\nUse “Edit” facility to reduce over Use “Edit” facility to reduce over reported
\nreported liability.
\nliability and cash ledger may be partially
\ndebited to offset su<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nFurther, remaining balance can either be
\nclaimed as refund or used to offset future
\nliabilities.
\nAll
\nStage 3
\nOffset Liability
\nliabilities
\nwere
\noffset by debiting the
\ncash and credit ledger.
\nNo action was taken
\nafter this step.
\nStage 4
\nReturn Filed
\nReturn was filed.
\nLiability may be adjusted in return of
\nsubsequent month(s) or refund may be
\nclaimed where adjustment is not feasible.
\nCompany B had reported an inter-State sale
\nbut realized that the same sale was counted
\ntwice and hence was not to be reported or
\ntaxed. But the return form was already filed
\nand no change could be done to reduce the
\nliabilities. What can company B do?
\nIn this case, they may reduce this liability in
\nthe return of subsequent months or claim
\nrefund of the same.
\nWhere the liability was over reported in the month's quarter's FORM GSTR-1 also, then such liability may be amended
\nthrough amendments under Table 9 of FORM GSTR-1
\nPage 6 of 11
\nStage of Return<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nsubmitted the return. What can they
\ndo?
\nIn this case, the company will have to
\nrectify wrongly reported liability
\nusing the edit facility. Here, the
\ncompany will reduce their Central
\nTax\/State tax supplies and liability
\nand add integrated tax liability and
\nproceed to file their return.
\nCompany C is registered in the State of Haryana. While entering
\ntheir outward supplies in FORM GSTR-3B, the company realized
\nthat they had inadvertently, shown inter-State supply as intra-
\nState supply and submitted the return. Further, they also had
\nupdated their Central Tax and State tax cash ledgers. What can
\nthey do?
\nIn this case, the company will have to rectify wrongly reported
\nliability using the edit facility. The company will reduce their
\nCentral Tax \/ State tax liability and add integrated tax liability.
\nFurther, they will have to pay integrated tax and update their cash
\nledger. They may seek for Central Tax \/ State tax cash refund in
\ndue course or use the same for offset<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nclaim refund of the same.
\nSuch taxpayers will have to file for amendments by filling Table 9 of the subsequent month's \/ quarter's FORM GSTR-1.
\nPage 7 of 11
\nCommon
\nError – IV
\nInput tax
\ncredit was
\nunder
\nreported
\nChange in
\nFORM
\nGSTR-1
\nStage 1
\nConfirmed Submission
\nReturn liabilities \/ Input tax credit availed
\nwere confirmed and submitted and therefore
\nno change can be done to the liability. No
\naction was taken after this step
\nUse 'Edit” facility to add un-availed input tax
\ncredit. Input tax Credit will be added to the
\ncredit ledger and may be used for offsetting
\nthis month or subsequent month's liability.
\nCompany D, while filing their FORM GSTR-
\n3B for the month of July, inadvertently,
\nmisreported Input tax credit of Rs.
\n1,00,00,000\/- as Rs. 10,00,000\/-. They had
\nconfirmed and submitted their return. What
\ncan they do?
\nThe company may use the “edit” facility to
\nadd more Input tax credit to their submitted
\nFORM GSTR-3B. Once, this is done, such
\ncredit will <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nsubsequent month(s).
\nCommon
\nStage of Return Filing (GSTR – 3B)
\nPage 8 of 11
\nError – V
\nInput tax
\ncredit was
\nover
\nreported
\nChange in
\nFORM
\nGSTR-1
\nStage 1
\nConfirmed Submission
\nReturn liabilities \/ Input tax credit
\navailed were confirmed and submitted
\nand therefore no change can be done to
\nthe liability. No action was taken after
\nthis step.
\nUse “Edit” facility to rectify the over
\nreported input tax credit
\nWhile filing their FORM GSTR 3B for
\nthe months of July, 2017, Company E
\ninadvertently, reported their eligible
\ninput tax credit, as Rs. 20,00,000\/-
\ninstead of Rs. 10,00,000\/-. What can they
\ndo?
\nSince, the company has submitted details
\nof their input tax credit but not used such
\ncredit for offsetting their liabilities, they
\ncan reduce their input tax credit by using
\nthe “edit” facility.
\nStage 2
\nCash Ledger Updated
\nCash was added to the electronic cash ledger
\nas per the return liability. No action was taken
\nafter this step.
\nAdditional cash,<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nmonths of July, 2017, Company E
\ninadvertently, reported their eligible input
\ntax credit, as Rs. 20,00,000\/- instead of Rs.
\n10,00,000\/-. Company E also utilized their
\nadditional input tax credit and filed their
\nreturns. What can they do?
\nSince, the company had utilized ineligible
\ncredit to offset such liabilities, the company
\nwill have to pay (through cash) \/ Reverse
\nsuch over reported utilized input tax credit
\nwith interest.
\nPage 9 of 11
\nCommon
\nError – VI
\nInput Tax
\nCredit of
\nthe wrong
\ntax was
\ntaken
\nStage 1
\nConfirmed Submission
\nReturn liabilities \/ Input tax credit
\navailed were confirmed and submitted
\nand therefore no change can be done to
\nthe liability. No action was taken after
\nthis step
\nStage of Return Filing (GSTR – 3B)
\nStage 2
\nCash Ledger Updated
\nCash was added to the electronic cash
\nledger as per the return liability. No action
\nwas taken after this step.
\n\u2022 “Edit” facility to be used to rectify Additional cash, if re<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ncredit ledger. No action
\nwas taken after this step.
\nStage 4
\nReturn Filed
\nReturn was filed.
\nPay(through cash) \/ Reverse any wrongly
\nreported input tax credit in
\nsubsequent
\nreturn
\nof
\nmonth(s).
\nFor under reported input tax credit, the same
\nmay be availed in return of subsequent
\nmonth(s).
\ncan
\nWhile filing their FORM GSTR 3B for the
\nmonths of July, 2017, Company E
\ninadvertently, reported their Central Tax
\ncredit of Rs. 20,00,000\/- as Integrated tax
\ncredit. In order to avoid late fee and penalties,
\nthey paid Rs. 20,00,000\/- Central Tax in cash
\nand did not utilize their Integrated tax credit.
\nWhat
\nthey
\ndo?
\nSince, the company has filed the returns and
\nthere is an unutilized Integrated tax credit of
\nRs. 20,00,000\/- which was inadmissible to
\nthem, they will have to pay \/ reverse such
\ncredit in the return of subsequent month(s).
\nFurther, Central Tax credit of Rs. 20,00,000\/-
\ncan be availed in return of subsequent
\nmonth(s).
\nPage 10 of 11
\nCh<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n