FORM GSTR-1 FILING NOT POSSIBLE IF FORM GSTR-3B FILED AVAILING MORE
THAN 99% OF GST OR FORM GSTR-3B NOT FILED
The Goods and Services Tax Act,
2017 came into force in
The Central Government has amended the Goods and Services Tax Act Rules 2017 and inserted the following rules.
In rule 59, after sub-rule (4), the following sub-rule shall be inserted, namely:-
“(5) 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.”.
Similarly after rule 86A, with effect from the 1st day of January, 2021, the following rule shall be inserted, namely: -
“86B. Restrictions on use of amount available in electronic credit ledger.-Notwithstanding anything contained in these rules, the registered person shall not use the amount available in electronic credit ledger to discharge his liability towards output tax in excess of ninety-nine per cent. of such tax liability, in cases where the value of taxable supply other than exempt supply and zero-rated supply, in a month exceeds fifty lakh rupees:
Provided that the said restriction shall not apply where –
(a) the said person or the proprietor or karta or the managing director or any of its two partners, whole-time Directors, Members of Managing Committee of Associations or Board of Trustees, as the case may be, have paid more than one lakh rupees as income tax under the Income-tax Act, 1961(43 of 1961) in each of the last two financial years for which the time limit to file return of income under subsection (1) of section 139 of the said Act has expired; or
(b) the registered person has received a refund amount of more than one lakh rupees in the preceding financial year on account of unutilised input tax credit under clause (i) of first proviso of sub-section (3) of section 54; or
(c) the registered person has received a refund amount of more than one lakh rupees in the preceding financial year on account of unutilised input tax credit under clause (ii) of first proviso of sub-section (3) of section 54; or
(d) the registered person has discharged his liability towards output tax through the electronic cash ledger for an amount which is in excess of 1% of the total output tax liability, applied cumulatively, upto the said month in the current financial year; or
(e) the registered person is –
(i) Government Department; or
(ii) a Public Sector Undertaking; or
(iii)a local authority;or
(iv)a statutory body:
Provided further that the Commissioner or an officer authorised by him in this behalf may remove the said restriction after such verifications and such safeguards as he may deem fit.”.
The above amendments came into force with effect from 1.1.2021.
In order to give effect the
above rules, the
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.”.
The relevant Notification is given below for ready reference:
In order to give effect the
above rules, the
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.”.
The relevant Notification is given below for ready reference:
[To be published in the
Gazette of
(i)]
Government of India Ministry
of Finance (Department of Revenue)
Central
Board of Indirect Taxes
and
Customs
Notification No. 01/2021 – Central Tax
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.
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
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.