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)
Quick Summary
This discussion addresses a common GST issue where GSTR-1 was filed with all invoices for January, but GSTR-3B was filed as nil due to practical difficulties on the last date. While the GST department suggested including the transactions in the next month's GSTR-3B and offsetting against the electronic cash ledger balance, it's clarified that GSTR-3B cannot be revised. Interest may be applicable on the cash payable for the period missed. The consensus is that while the department's advice might seem practical, it's crucial to adhere to GST provisions, and delaying GSTR-3B filing to correct it is the recommended approach for future instances.
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.
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.
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.