Seeks to notify class of persons under proviso to section 39(1)

Last updated: 19 November 2020

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This notification introduces a new option for certain registered persons to furnish their GST returns on a quarterly basis, starting from January 2021. This applies to businesses with an aggregate turnover of up to five crore rupees in the preceding financial year, provided they meet specific conditions. These conditions include having furnished their previous returns and understanding that once an option is chosen, it must be followed for future periods unless revised.

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)

Notification No. 84/2020–Central Tax

New Delhi, the 10th November, 2020

G.S.R....(E).—In exercise of the powers conferred by proviso to sub-section (1) of section 39 read with proviso to sub-section (7) of section 39 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), the Government, on the recommendations of the Council, hereby notifies the registered persons, other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), having an aggregate turnover of up to five crore rupees in the preceding financial year, and who have opted to furnish a return for every quarter, under sub-rule (1) of rule 61A of the Central Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules) as the class of persons who shall, subject to the following conditions and restrictions, furnish a return for every quarter from January, 2021 onwards, and pay the tax due every month in accordance with the proviso to sub-section (7) of section 39 of the said Act, namely:

(i) the return for the preceding month, as due on the date of exercising such option, has been furnished:

(ii) where such option has been exercised once, they shall continue to furnish the return as per the selected option for future tax periods, unless they revise the same.

(2) A registered person whose aggregate turnover crosses five crore rupees during a quarter in a financial year shall not be eligible for furnishing of return on quarterly basis from the first month of the succeeding quarter.

(3) For the registered person falling in the class specified in column (2) of the Table below, who have furnished the return for the tax period October, 2020 on or before 30^thNovember, 2020, it shall be deemed that they have opted under sub-rule (1) of rule 61A of the said rules for the monthly or quarterly furnishing of return as mentioned in column (3) of the said Table:-

TABLE

SL No.	Class of registered person	Deemed Option
(1)	(2)	(3)
1.	Registered persons having aggregate turnover of up to 1.5 crore rupees, who have furnished FORM GSTR-1 on quarterly basis in the current financial year	Quarterly return
2.	Registered persons having aggregate turnover of up to 1.5 crore rupees, who have furnished FORM GSTR-1 on monthly basis in the current financial year	Monthly return
3.	Registered persons having aggregate turnover more than 1.5 crore rupees and up to 5 crore rupees in the preceding financial year	Quarterly return

(4) The registered persons referred to in column (2) of the said Table, may change the default option electronically, on the common portal, during the period from the 5th day of December, 2020 to the 31^8tday of January, 2021.

[F. No. CBEC-20/06/04/2020-GST]

PRAMOD KUMAR, Director

FAQ :

Registered persons with an aggregate turnover of up to five crore rupees in the preceding financial year are eligible, provided they meet certain conditions and are not persons referred to in section 14 of the Integrated Goods and Services Tax Act, 2017.

The option to furnish returns quarterly is available from January 2021 onwards.

If your aggregate turnover crosses five crore rupees during a quarter in a financial year, you will no longer be eligible for quarterly returns from the first month of the succeeding quarter.

Yes, the conditions include having furnished the return for the preceding month as due on the date of exercising the option, and understanding that once chosen, the option must be followed for future tax periods unless revised.

Registered persons specified in the table can change their default option electronically on the common portal between December 5, 2020, and January 31, 2021.