CBIC amends Rule 36(4) via Central Goods and Services Tax (Fifth Amendment) Rules, 2021



Quick Summary
The Central Board of Indirect Taxes and Customs (CBIC) has issued the Central Goods and Services Tax (Fifth Amendment) Rules, 2021, introducing key changes to the CGST Rules, 2017. These amendments specifically affect Rule 26(1) and Rule 36(4). The changes to Rule 36(4) introduce a cumulative adjustment of input tax credit for April, May, and June 2021, to be reported in the GSTR-3B for June 2021 or the relevant quarter.

Vide Notification No. 27/2021 – Central Tax, the Central Board of Indirect Taxes and Customs has released the Central Goods and Services Tax (Fifth Amendment) Rules, 2021 in order to further make amendments to the Central Goods and Services Tax Rules, 2017. As per the notification, amendments have been made under Rule 26(1) and 36(4) of the CGST Rules 2017. Read the official notification below:

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i)]
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs
Notification No. 27/2021 – Central Tax
New Delhi, the 1st June, 2021

G.S.R…(E).- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Government, on the recommendations of the Council, hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely: 

1. Short title and commencement. -

(1) These rules may be called the Central Goods and Services Tax (Fifth Amendment) Rules, 2021.
(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette.

CGST Rules 2021 Amended: Rule 36(4) Changes Explained

2. In the Central Goods and Services Tax Rules, 2017, 

(i) in sub-rule (1) of rule 26, in the fourth proviso, with effect from the 31st day of May, 2021, for the figures, letters and words "31st day of May, 2021", the figures, letters and words "31st day of August, 2021" shall be substituted;

(ii) in sub-rule (4) of rule 36, for the second proviso, the following proviso shall be substituted, namely: 

"Provided further that such condition shall apply cumulatively for the period April, May and June, 2021 and the return in FORM GSTR-3B for the tax period June, 2021 or quarter ending June, 2021, as the case may be, shall be furnished with the cumulative adjustment of input tax credit for the said months in accordance with the condition above.";

(iii) in sub-rule (2) of rule 59, after the first proviso, the following proviso shall be inserted, namely: 

"Provided further that a registered person may furnish such details, for the month of May, 2021, using IFF from the 1st day of June, 2021 till the 28th day of June, 2021.".

[F. No. CBIC-20001/5/2021]
(Rajeev Ranjan)
Under Secretary to the Government of India

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June, 2017, published vide number G.S.R. 610(E), dated the 19th June, 2017 and last amended
vide notification No. 15/2021 - Central Tax, dated the 18th May, 2021 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 333 (E), dated the 18th May, 2021.

FAQ :

These rules have been introduced to further amend the Central Goods and Services Tax Rules, 2017, bringing specific changes to existing regulations.

The amendments have been made under Rule 26(1) and Rule 36(4) of the CGST Rules 2017.

The condition for input tax credit under Rule 36(4) will now apply cumulatively for the period of April, May, and June 2021. The GSTR-3B return for June 2021 or the quarter ending June 2021 must include the cumulative adjustment of input tax credit for these months.

The amendments generally come into force on the date of their publication in the Official Gazette. Specifically, the change in Rule 26(1) is effective from 31st May 2021, and the change in Rule 36(4) relates to the period April, May, and June 2021.

Yes, a registered person may furnish details for the month of May 2021 using the IFF (Input Tax Credit Filing Facility) from 1st June 2021 until 28th June 2021.




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