GST Portal | Implementation of Rule 59(6), as amended w.e.f 1st January 2022



Quick Summary
The GST Portal is implementing an amendment to Rule 59(6) of the CGST Rules, 2017, effective from 1st January 2022. This change means that monthly GST filers must now file their GSTR-3B for the preceding month before they can file their GSTR-1 for the subsequent month. The system will enforce this, preventing GSTR-1 submissions until the required GSTR-3B is filed.

Implementation of Rule-59(6), as amended, on GST Portal

1. As per Notification No. 35/2021 - Central Tax dated 24th September 2021, clause (a) of the sub-rule (6) of Rule 59 of CGST Rules, 2017 was amended. By way of this amendment, for the words "for preceding two months", the words "for the preceding month" were substituted with effect from 1st January 2022. This means that from 1st January 2022 onwards, if a monthly filer has not filed the GSTR-3B for the preceding month, then such taxpayer will not be allowed to file the GSTR-1 for the subsequent month, till the GSTR-3B for the preceding month is filed.

GST Portal: Rule 59(6) Changes from Jan 1, 2022

2. This functionality will be implemented on the GST Portal shortly, after which the system will check the filing of preceding GSTR-3B before permitting to file GSTR-1 for the subsequent month.

Illustration:

3. A taxpayer has not filed the monthly GSTR-3B for November 2021. Now, the taxpayer tries to file GSTR-1 for December 2021 on 10th January 2022. The system will not allow filing of GSTR-1 for December 2021, and will allow filing of GSTR-1 for December 2021 only after the filing of GSTR-3B for November 2021.

Taxpayers may kindly ensure timely filing of GSTR-1 and GSTR-3B in consonance with Rule 59 of CGST Rules, 2017 to avoid any inconvenience in this regard.

Thanking You,
Team GSTN

FAQ :

From 1st January 2022, monthly GST filers must file their GSTR-3B for the previous month before they can file their GSTR-1 for the following month.

The amendment to Rule 59(6) became effective from 1st January 2022.

If a monthly filer has not filed their GSTR-3B for the preceding month, they will not be permitted to file their GSTR-1 for the subsequent month until the GSTR-3B is filed.

Yes, the GST Portal will implement a functionality to check the filing of the preceding GSTR-3B before allowing the filing of GSTR-1 for the subsequent month.

The change aims to ensure taxpayers file their GSTR-1 and GSTR-3B in a timely manner as per Rule 59 of the CGST Rules, 2017, to avoid inconvenience.




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