CBIC notifies due dates for GSTR 1 and GSTR 3B from Oct 2020 till March 2021

Consequent to the recommendations made by the GST Council in its 42nd meeting held on 5th October 2020, the government has issued a number of notifications giving effect to the recommendations.

The notifications are summarised below-

1. Due dates for filing GSTR1

a. Notification No. 74/2020 – Central Tax dated 15.10.2020

Those registered persons who are having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year shall furnish the details of outward supply of goods or services or both in FORM GSTR-1 under the Central Goods and Services Tax Rules, 2017, effected during the quarter as specified in column (2) of the Table below-

b. Notification No. 75/2020 – Central Tax dated 15.10.2020

Those registered persons who are having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year shall furnish the details of outward supply of goods or services or both in FORM GSTR-1 under the Central Goods and Services Tax Rules, 2017, for each of the months from October 2020 to March 2021 till the eleventh day (11th) of the month succeeding such month

2. Due dates for filing GSTR3B

Notification No. 76/2020 – Central Tax dated 15.10.2020

The return in FORM GSTR-3B and payment of tax, interest, penalty for each of the months from October 2020 to March 2021 shall be furnished electronically through the common portal, on or before the twentieth day (20th) of the month succeeding such month

Taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman, and Nicobar Islands or Lakshadweep shall file the return in FORM GSTR-3B of the said rules and payment of tax, interest, penalty, fees for the months of October 2020 to March 2021 by 22nd of the succeeding month

Taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi, shall file the return in FORM GSTR-3B of the said rules and payment of tax, interest, penalty, fees for the months of October 2020 to March 2021 by 24th of the succeeding month

3. Annual Return filing optional for taxpayers with aggregate turnover up to Rs.2 cr

Notification No. 77/2020 – Central Tax dated 15.10.2020

Those registered persons whose aggregate turnover in a financial year does not exceed two crore rupees and who have not furnished the annual return (under sub-section (1) of section 44) in respect of financial years 2017-18,2018-19 and 2019-20 shall have the option to furnish the annual return

Provided that the said return shall be deemed to be furnished on the due date if it has not been furnished before the due date

4. Requirement of mentioning HSN code in Tax invoices

Notification No. 78/2020 – Central Tax dated 15.10.2020

The HSN code to be mentioned in the Tax invoice issued under rule 46 shall be as under from 1st April 2021

Similar changes have been notified under IGST- Notification No. 06/2020–Integrated Tax dated 15.10.2020

Amendments in CGST Rules,2017 w.e.f. 15.10.2017:

5. NIL Returns GSTR1, GSTR3B, GST-CMP08 through SMS

Notification No. 79/2020 – Central Tax dated 15.10.2020

Rule 67A- NIL returns - If a registered person has to file a NIL return in FORM GSTR-3B, FORM GSTR-1 or FORM GST- CMP-08 for any tax period then he can file these returns through SMS from his registered Mobile number and such return shall be verified with OTP on his registered mobile number

6. Taxpayers with Aggregate turnover up to Rs.5 cr. not compulsory to get GST audit done and file Form9C

Rule 80(3)- The requirements of GST audit and filing GSTR-9C for the FY 2018-19 and 2019-20 is applicable only for those registered persons whose aggregate turnover exceeds five crore rupees. So now the GST audit for the year 2018-19 and 2019-20 is not compulsory for registered persons with aggregate turnover of up to Rs. 5 crores

7. Blocking of E-waybills

Rule 138E – The restriction of blocking of E-waybills will not apply during the period from the 20th day of March 2020 till the 15th day of October 2020 in the case where the return in FORM GSTR-3B or the statement of outward supplies in FORM GSTR-1 or the statement in FORM GST CMP-08, as the case may be, has not been furnished for the period February 2020 to August 2020

This means from 16th October 2020 the blocking of e-waybills will be applicable if the GSTR3B or GST CMP08 is not filed for the 2 successive tax periods

8. Changes in GSTR-1 format

In Table 12 for HSN-wise summary of outward supplies- Column 6 will be of "Rate of Tax" instead of "Total Value"

9. All new GSTR2A

A New Format of GSTR2A has been introduced which is given below link. Now it will pick up outward supply details from GSTR 5, GSTR-6, GSTR-7, GSTR-8, import of goods, and inward supplies of goods received from SEZ units/developers. These details will be auto-populated. It will also include details of inward supplies attracting reverse charge and TDS/TCS credits received. The details will have amendments shown separately in respect of each type of inward supply. However, it does not seem to have details of import of services

It will be a real-time dynamic statement which means that as soon as any change happens in input supplies the GSTR2A will immediately capture all such changes

10. Changes in GSTR5

Following changes have been made in the Format of GSTR5

(i). in the table, - (a) in serial number 2, after entry (c), the following entries shall be inserted, namely: -

in serial number 10, - A. the heading "Total tax liability" will be changed to "Total tax liability" "(including reverse charge liability, if any)"

After serial number 10B, the below will be added-

in the instructions, -

(a) for paragraph 7, the following paragraph shall be substituted, namely: - "7. Invoice-level information, rate-wise, pertaining to the tax period should be reported as under: (i.) for all B to B supplies (whether inter-State or intra-State), invoice level details should be uploaded in Table 5; (ii.) for all inter-state B to C supplies, where invoice value is more than Rs. 2,50,000/- (B to C Large) invoice level detail to be provided in Table 6; and (iii.) for all B to C supplies, other than those reported in table 6, shall be reported in Table 7 providing a state-wise summary of such supplies.";

(b) in paragraph 8, in clause (ii), after the words, "invoice value is more than", the word "rupees", shall be inserted;

(c) for paragraph 10, the following paragraph shall be substituted, namely: -

"10. Table 10 consists of tax liability on account of outward supplies declared in the current tax period and negative ITC on account of an amendment to import of goods in the current tax period. Inward supplies attracting reverse charge shall be reported in Part C of the table."

11. Changes in GSTR5A

Following changes have been made in FORM GSTR-5A, -

1. against serial number 4 and entries relating thereto, the following entries shall be inserted, namely: - "4(a) ARN: 4(b) Date of ARN:";
2. for serial number 6, the following shall be substituted, namely: -

"6. Calculation of interest, or any other amount

(Amount in Rupees)

(iii). for serial number 7, the following shall be substituted, namely: -

"7. Tax, interest and any other amount payable and paid-

(Amount in Rupees)

12. Changes in Form GSTR9

Changes in GSTR9-

1. In case of Tables 6B, 6C, 6D& 6E, ITC pertaining to capital goods to be shown separately for F.Y 2019-20. Inputs and input services may be clubbed

2. In Tables, 4, 5, 6, and 7, the taxpayers shall report the values pertaining to the financial year only. The value pertaining to the preceding financial year shall not be reported here

3. For FY 2019-20, it may be noted that the details from FORM GSTR-2A generated as on the 1st November 2020 shall be auto-populated in this table

13. Changes in GSTR9C

All the changes and relaxations in various information for the years 2017-18 and 2018-19 have been extended to the year 2019-20 also

14. Changes in DRC Forms have been made to add separate column of "Fee".- ASMT-16,DRC01,DRC02,DRC07,DRC08,DRC09,DRC24 and DRC2

Disclaimer- Views are strictly personal

The author is a member of The Institute of Chartered Accountants of India