The
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 information in various notifications and circulars regarding return filing and to ensure uniformity in implementation across field formations, the Board, in exercise of its powers
conferred under section 168 (1)
of the Central Goods and Services Tax Act, 2017 hereby clarifies the following issues:
1. Return Filing Calendar:
1.1 Dates
for filing of
FORM GSTR-1 and
FORM GSTR-3B
have been
put in a calendar format for ease of understanding as
under:
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 available earlier, many
taxpayers have already filed their
FORM GSTR-1 for
the month of July, such taxpayers shall not file these
details again and
shall only file details for the month of August and September, 2017. For those, who have not
filed their FORM GSTR-1 for the month of July, they shall also file their FORM GSTR-1
1.3
It has been further decided that the time period of filing
of FORM GSTR-2 and FORM GSTR -3 for the months of July 2017 to March 2018 would be worked out by a Committee of
officers and communicated
later.
1.4
Registered persons opting for Composition scheme are required to file their returns quarterly
in FORM GSTR-4.
The due date for filing of FORM GSTR-4 for the quarter
ending September 2017 has been extended to 24th December 2017 vide Notification No.59/2017-CT dated 15th November 2017. For the remaining quarters, the last date for filing of FORM GSTR-4 is within
eighteen
days after
the end
of such quarter.
1.5
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 may be liable for punitive
action
under the CGST Act, 2017.
2.1 The late fee for the months of July, August and September for late filing of FORM
GSTR – 3B has already
been waived off vide Notification No. 28/2017-CT dated 1st September 2017 and 50/2017-CT
dated 24th October 2017.
2.2
It has been decided that for subsequent months, i.e. October 2017 onwards, the amount
of late fee payable, by a taxpayer whose tax liability for that month was „NIL‟, will be Rs. 20/- per day (Rs. 10/- per day each under CGST & SGST Acts) instead of Rs. 200/- per day
(Rs. 100/- per day
each under CGST & SGST Acts). For other taxpayers, whose tax liability
for that month was not „NIL‟, late fee payable will be Rs. 50/- per day
(Rs.
25/- per day
each
under CGST & SGST Acts) instead of Rs. 200/- per day (Rs. 100/- per day each under CGST
& SGST Acts). Notification No. 64/2017-CT dated 15th November 2017 has already been issued in this
regard.
3.1 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.
3.2
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
system
based reconciliation prescribed
under Circular
No. 7/7/2017-GST
dated 1st September 2017
can only
be
operationalized after the relevant notification
is issued. The said circular
is therefore kept
in abeyance till such time.
3.3
The common errors while
submitting FORM GSTR-3B and
the steps needed to
be taken to rectify the same are provided in the table annexed herewith. The registered person needs to decide at which stage of filing of FORM GSTR-3B he is currently at and also the error
committed by him. The corresponding column in the table provides the steps to be followed
by
him to rectify such
error.
4. It
is
clarified
that
as return in FORM
GSTR-3B
do
not
contain provisions for reporting of differential figures for past month(s), the said figures may be reported on net
basis alongwith the values for current month itself in appropriate tables i.e. Table No. 3.1, 3.2, 4 and 5, as the case may be. It may be noted that while making adjustment in the output
tax liability or input tax 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.
5. 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.
6. It is further clarified that the information
furnished by the registered person in the return in FORM GSTR-3B would be reconciled by the department‟s system with the information furnished in FORM GSTR-1 and discrepancies, if any, shall be dealt with
in accordance
with the relevant provisions of the CGST Act, 2017 and rules made thereunder.
Detailed instructions regarding reconciliation of information
furnished in FORM GSTR-3B with that contained in FORM
GSTR-2 and FORM
GSTR-3 will be issued in due course of
time.
7. It is requested that suitable trade notices may be issued to publicize the contents
of this circular.
8.
Difficulty, if any, in implementation of the above instructions may please be brought
to the notice of
the Board.
Hindi version would follow.