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

Eswar Reddy S (CFO- at NHTF) (58213 Points)

28 February 2020

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??

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35 Replies

CA Akshay Hiregange (Partner - Audit & Assistance) (4515 Points)
Replied 28 February 2020

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.

Eswar Reddy S (CFO- at NHTF) (58213 Points)
Replied 28 February 2020

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

1 Like

CA Akshay Hiregange (Partner - Audit & Assistance) (4515 Points)
Replied 28 February 2020

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.

1 Like

Eswar Reddy S (CFO- at NHTF) (58213 Points)
Replied 28 February 2020

Okay.

Is there any alternative??

CA Akshay Hiregange (Partner - Audit & Assistance) (4515 Points)
Replied 28 February 2020

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

Eswar Reddy S (CFO- at NHTF) (58213 Points)
Replied 28 February 2020

GSTR-3B Is already filed

CA Akshay Hiregange (Partner - Audit & Assistance) (4515 Points)
Replied 28 February 2020

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

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

Eswar Reddy S (CFO- at NHTF) (58213 Points)
Replied 28 February 2020

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

And make the overall with same figure

CA Akshay Hiregange (Partner - Audit & Assistance) (4515 Points)
Replied 28 February 2020

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.

1 Like

RAJA P M ("Do the Right Thing...!!!") (127072 Points)
Replied 28 February 2020

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...
🙏🙏🙏

CA Akshay Hiregange (Partner - Audit & Assistance) (4515 Points)
Replied 28 February 2020

Thank you Raja sir. Will try and be consistent

Eswar Reddy S (CFO- at NHTF) (58213 Points)
Replied 28 February 2020

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...

CA Akshay Hiregange (Partner - Audit & Assistance) (4515 Points)
Replied 29 February 2020

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.