GSTR-1 filed with all invoices for January, GST paid but GSTR-3B nil return filed

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GSTR-1 filed with all invoices for January, GST paid but GSTR-3B nil return filed due to practical issue on the last date.

We have called GST dept but they said you may include the same in next month GSTR-3B and set off against electronic cash ledger balance..


Is there any alternative??
Replies (35)

GSTR 3B cannot be revised. Therefore what is said is right. Interest @ 1.5% p.m can be said to be applicable on cash payable for 1 month.

What is the basis for imposing 1.5% pm??

GST paid on time
GSTR-1 filed on time.
We have not declared any liability in GSTR-3B due to practical issue.So due to website issue NIL return was filed

Section 2(117) “valid return” means a return furnished under sub-section (1) of section 39 on which self-assessed tax has been paid in full;'

Therefore, just payment into electronic cash ledger is not considered as payment under GST, valid return, i.e. show liability and set off and file GSTR 3B with DSC/EVC - then it is considered as payment made.

Okay.

Is there any alternative??

No other alternative. Suggest to delay GSTR 3B filing and file correctly instead of next month.

GSTR-3B Is already filed

Yes. I am speaking for the next time. Now no alternative.

Basis of 1.5% per month = 18% per annum / 12 months.

But GST Dept said , since it is a practical difficulty adjust in the next month.

And make the overall with same figure

I agree that you can adjust next month but interest can be demanded.

Whether you have said GST Dept wordings in writing? Also, some GST dept officers are not trained in the law as yet, and may give incorrect information. 

The notices for interest come from Central servers. And the law applies to everyone equally. 

Hope this clarifies.

Yes... I fully agreed to the above said all replies by Mr CA Akshay Hiregange...


Well replies Mr CA Akshay Hiregange.
Keep it up and Also participate in CCI continueosly...
🙏🙏🙏

Thank you Raja sir. Will try and be consistent

Anyways there are practical procedures which override the theory..

See this:
Generally you should get a demand notice if you claim ITC in excess of GSTR-2A.

But you can claim past unavailed ITC which makes ITC in excess of current period GSTR-2A ITC...
Yes proof required for department now is - valid tax invoice, proof of reciept of goods or services, payment to vendor and reflection in 2A (even if not in the same month). This will get easier once the new returns are implemented from 1,4,2020.
But we can't claim GST exceeding 10% based on invoice.It must reflect in GSTR-2A


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