Central Government releases the Central Goods and Services Tax (Amendment) Rules, 2021



Quick Summary
The Central Government, through the Central Board of Indirect Taxes and Customs, has issued the Central Goods and Services Tax (Amendment) Rules, 2021. These amendments update the existing CGST Rules of 2017 and introduce new provisions regarding the furnishing of outward supply details in FORM GSTR-1. The changes aim to ensure timely filing of tax returns.

The Central Board of Indirect Taxes and Customs has amended the Central Goods and Services Tax Rules, 2017, and has released the Central Goods and Services Tax (Amendment) Rules, 2021. Read the official announcement and the amendments made in the Rules below:

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs
Notification No. 01/2021 – Central Tax

New Delhi, the 1st January, 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 Central 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 (Amendment) Rules, 2021.

(2) These rules shall come into force on the date of their publication in the Official Gazette.

CGST Amendment Rules 2021 Released by Central Government

2. In the Central Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), in rule 59, after sub-rule (5), the following sub-rule shall be inserted namely:-

“(6) Notwithstanding anything contained in this rule, -

(a) a registered person shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1, if he has not furnished the return in FORM GSTR-3B for preceding two months;

(b) a registered person, required to furnish return for every quarter under the proviso to sub-section (1) of section 39, shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using the invoice furnishing facility, if he has not furnished the return in FORM GSTR-3B for preceding tax period;

(c) a registered person, who is restricted from using the amount available in electronic credit ledger to discharge his liability towards tax in excess of ninety-nine per cent. of such tax liability under rule 86B, shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using the invoice furnishing facility, if he has not furnished the return in FORM GSTR-3B for preceding tax period.”.

[F. No. CBEC-20/06/04/2020-GST]
(Pramod Kumar)
Director, 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. 94/2020-Central Tax, dated the 22nd December, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 786(E), dated the 22nd December, 2020.

FAQ :

These are amendments made by the Central Government to the Central Goods and Services Tax Rules, 2017, which came into effect upon their publication in the Official Gazette.

The rules came into force on the date of their publication in the Official Gazette.

A significant change is the insertion of sub-rule (6) into rule 59, which restricts registered persons from furnishing outward supply details in FORM GSTR-1 if they haven't filed their FORM GSTR-3B for preceding periods.

A registered person cannot furnish outward supply details if they haven't filed FORM GSTR-3B for the preceding two months (or the preceding tax period for quarterly filers), or if they are restricted from using more than 99% of their electronic credit ledger for tax liability.

The restrictions apply to furnishing details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using the invoice furnishing facility.




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