Provisions of section 39(1) of the CGST Act, 2017 and rule 61 of the Central Goods and Services Tax Rules, 2017 governs the GSTR-3B filing.
Watch video on GSTR-3B Filing with maximum Input Tax Credit
Recently, both the above provisions governing the filing of Form GSTR-3B has undergone a wide amount of changes.
The newly applicable provisions are taken up and simplified in the present article.
Person liable to GSTR-3B filing
Each and every person registered under GST is liable to file return in Form GSTR-3B except the following categories of person-
Quarterly Return Monthly Payment (QRMP Scheme)
However, from 1st January 2021, the Quarterly Return Monthly Payment (QRMP) Scheme is made effective.
The QRMP scheme facilitates specified small registered person to file Form GSTR-3B on a quarterly basis.
A brief summary of the QRMP Scheme is as under-
Filing type | Class of registered person | Due date |
|---|---|---|
Monthly | Applicable to all the class of registered person | 20th of the succeeding month |
Quarterly | Applicable to the registered person having principal place of business in- Chhattisgarh, Gujarat, Madhya Pradesh, Maharashtra, Goa, Karnataka, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Daman and Diu, Dadra and Nagar Haveli, Puducherry, Andaman, Nicobar Islands, or Lakshadweep. | 22nd of the succeeding month |
Quarterly | Applicable to the registered person having principal place of business in- Himachal Pradesh, Uttarakhand, Punjab, Haryana, Uttar Pradesh, Rajasthan, Bihar, Arunachal Pradesh, Sikkim, Manipur, Nagaland, Mizoram, Tripura, Assam, Jharkhand, Meghalaya, West Bengal, Odisha, Chandigarh, Delhi, Jammu and Kashmir, Ladakh. | 24th of the succeeding month |
Penalty for late GSTR-3B filing
Particulars | Penalty amount in case of intra-state supplies | Penalty amount in case of inter-state supplies |
|---|---|---|
A registered person having NIL tax liability during the respective tax period | INR 20 per day (INR 10 underCGST + INR 10 under SGST) | INR 20 per day (under IGST) |
In any other case | INR 50 per day (INR 25 under CGST + INR 25 under CGST) | INR 50 per day (under IGST) |
Note : The penalty amount can exceed the maximum up to INR 5000 per return.
Blocking of the amount available in the electronic credit ledger
Vide notification no. 75/2019- Central Tax dated 26th December 2019, the provisions of new Rule 86-A were inserted.
As per the rule, use of the amount available in the electronic credit ledger can be restricted if:
Restriction on use of amount available in the electronic credit ledger
The provisions of new rule 86B are, inserted vide notification no. 94/2020- Central Tax dated 22nd December 2020, made effective from 1st January 2021.
As per the new rule,
The registered person having a value of taxable supply (other than exempt and zero-rated supply) more than INR 50 Lakhs a month can use maximum up to 99% of the amount available in the electronic credit ledger towards discharging the output tax liability.
New consequence of non-filing of Form GSTR-3B
With effect from 1st January 2021, in case of non-filing of Form GSTR-3B, the assessee will have to face following additional consequence-
Non-filing of Form GSTR-3B | Corresponding consequence |
|---|---|
Form GSTR-3B not furnished for the preceding two months | The registered person will not be allowed to furnish outward supplies details in Form GSTR-1 of the respective month |
Form GSTR-3B not furnished for preceding tax period | The registered person will not be allowed to furnish outward supplies details in Form GSTR-1 of the respective quarter. |
The registered person has-
| The registered person-
|
Claiming of provisional Input Tax Credit
With effect from 1st January 2021, the registered person, filing Form GSTR-3B, can claim provisional input tax credit maximum up to 5% (earlier the same was 10%) of the eligible Input Tax Credit.
Auto-population of details in Form GSTR-3B
With effect from 1st January 2021, the registered person, filing Form GSTR-3B, can claim provisional input tax credit maximum up to 5% (earlier the same was 10%) of the eligible Input Tax Credit.
Particulars of details auto-populated in Form GSTR-3B | Returns from which the details are auto-populated |
|---|---|
Liabilities in table 3.1 and table 3.2 | Form GSTR-1 |
Input Tax Credit in table 4 and inward supplies liable to reverse charge in table 3.1(d) | Form GSTR-2B |
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