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-
![Form GSTR-3B Form GSTR-3B](https://gsthero.com/wp-content/uploads/2021/01/Person-liable-to-file-Form-GSTR-3B_11zon.jpg)
Quarterly Return Monthly Payment (QRMP Scheme)
![QRMP scheme under GST QRMP scheme under GST](https://gsthero.com/wp-content/uploads/2021/01/QRMP-Scheme-under-GST_11zon.jpg)
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-
![GSTR-3B due date GSTR-3B due date](https://gsthero.com/wp-content/uploads/2021/01/GSTR-3B-Filing-Due-Date_11zon.jpg)
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
![GSTR-3B Penalty GSTR-3B Penalty](https://gsthero.com/wp-content/uploads/2021/01/Penalty-for-late-filing-of-GSTR-3B_11zon.jpg)
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.
![Form GSTR-3B Form GSTR-3B](https://gsthero.com/wp-content/uploads/2021/01/Latest-advancements-of-GSTR-3B_11zon.jpg)
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
![GSTR-2A-Reconciliation GST Return Filing](https://gsthero.com/wp-content/uploads/2020/12/GSTR-2A-Reconciliation.png)
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
![e-Invoicing-under-GST e-Invoicing](https://gsthero.com/wp-content/uploads/2020/12/e-Invoicing-under-GST.png)
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 |
![GST Return Filing GST Return Filing](https://gsthero.com/wp-content/uploads/2022/03/GST-Return-Filing.png)
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