Central Board of Indirect Taxes and Customs (CBIC) has issued Notification No.82-Central Taxes dated 10th November, 2020 to further amend the Central Goods and Services Tax Rules, 2017.
Key points of the Notification are:
1. Rule 59 relating to Form and manner of furnishing details of outward supplies shall be substituted with effect from 1st day of January, 2020 to provide the following:
a) Registered persons required to furnish return in Form GSTR-3B on quarterly basis may furnish the details of such outward supplies of goods or services or both to a registered person, as he may consider necessary, for the first and second months of a quarter, up to a cumulative value of fifty lakh rupees in each of the months, using invoice furnishing facility (hereafter referred to as the ―IFF) electronically on the common portal, duly authenticated from the 1st day of the month succeeding such month till the 13th day of the said month.
b) The details of outward supplies furnished using the IFF, for the first and second months of a quarter, shall not be furnished in FORM GSTR-1 for the said quarter.
c) The details of outward supplies of goods or services or both furnished using the IFF shall include the –
(i) invoice wise details of inter-State and intra-State supplies made to the registered persons;
(ii) debit and credit notes, if any, issued during the month for such invoices issued previously
2. Rule 60 relating to Form and manner of furnishing details of inward supplies shall be substituted with effect from 1st day of January, 2021 in order to provide the following-
a) The details of outward supplies furnished by the supplier in FORM GSTR-1 or using the IFF shall be made available electronically to the concerned registered persons (recipients) in Part A of FORM GSTR-2A, in FORM GSTR-4A and in FORM GSTR-6A through the common portal, as the case may be and
b) The details of invoices furnished by an Input Service Distributor in his return in FORM GSTR-6 shall be made available to the recipient of credit in Part B of FORM GSTR 2A electronically through the common portal.
c) The details of tax deducted at source furnished by the deductor under sub-section (3) of section 39 in FORM GSTR-7 shall be made available to the deductee in Part C of FORM GSTR-2A electronically through the common portal.
d) The details of tax collected at source furnished by an e-commerce operator under section 52 in FORM GSTR-8 shall be made available to the concerned person in Part C of FORM GSTR 2A electronically through the common portal.
e) The details of the integrated tax paid on the import of goods or goods brought in domestic Tariff Area from Special Economic Zone unit or a Special Economic Zone developer on a bill of entry shall be made available in Part D of FORM GSTR-2A electronically through the common portal.
f) An auto-drafted statement containing the details of input tax credit shall be made available to the registered person in FORM GSTR-2B, for every month, electronically through the common portal
g) The Statement in FORM GSTR-2B for every month shall be made available to the registered person-
i. for the first and second month of a quarter, a day after the due date of furnishing of details of outward supplies for the said month, in the IFF by a registered person required to furnish return for every quarter under proviso to sub-section (1) of section 39, or in FORM GSTR-1 by a registered person, other than those required to furnish return for every quarter under proviso to sub-section (1) of section 39, whichever is later;
ii. in the third month of the quarter, a day after the due date of furnishing of details of outward supplies for the said month, in FORM GSTR-1 by a registered person required to furnish return for every quarter under proviso to sub-section (1) of section 3
3. A new Sub Rule (6) has been inserted in Rule 61 with immediate effect relating to Form and manner of submission of monthly return to provide that every registered person (other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) or an Input Service Distributor or a non-resident taxable person or a person paying tax under section 10 or section 51 or, as the case may be, under section 52) shall furnish a return in FORM GSTR-3B, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner, on or before the 20th day of the month succeeding such tax period. Further it has been provided that for the category of taxpayers as mentioned in the below table for the months of October, 2020 to March, 2021 the due date shall be as mentioned in column (2) of the below table:
| Category of tax payers
(1) |
Due date for filing of GSTR-3B
(2) |
| For taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep | On or before the 22nd day of the month succeeding such month |
| For taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi | On or before the 24th day of the month succeeding such month |
4. Rule 61 relating to Form and manner of submission of monthly return shall be substituted with effect from 1st day of January, 2021 in order to provide the following-
a. Every registered person shall furnish a return in FORM GSTR-3B, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner, as specified under-
(i) For taxpayers required to file GSTR-3B, for each month, or part thereof, on or before the 20th day of the month succeeding such month;
(ii) For taxpayers required to file GSTR-3B, for each quarter, or part thereof, for the class of registered persons mentioned in column (1) of the Table given below, on or before the date mentioned in the corresponding entry in column (2) of the said Table, namely:–
| Category of tax payers
(1) |
Due date for filing of GSTR-3B
(2) |
| Registered persons whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep. | On or before the 22nd day of the month succeeding such quarter. |
| Registered persons whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi. | On or before the 24th day of the month succeeding such quarter |
b. Every registered person required to furnish return in Form GSTR-3B, every quarter, shall be required to pay the tax due, for each of the first two months of the quarter, by depositing the said amount in FORM GST PMT-06, by the 25th day of the month succeeding such month.
c. Further before making a deposit in FORM GST PMT-06, such a registered person may– (a) for the first month of the quarter, take into account the balance in the electronic cash ledger. (b) for the second month of the quarter, take into account the balance in the electronic cash ledger excluding the tax due for the first month.
d. The amount deposited by the registered persons as mentioned above, shall be debited while filing the return for the said quarter in FORM GSTR-3B, and any claim of refund of such amount lying in balance in the electronic cash ledger, if any, out of the amount so deposited shall be permitted only after the return in FORM GSTR-3B for the said quarter has been filed.
5. A new Rule 61A i.e. ―”61A. Manner of opting for furnishing quarterly return” has been inserted after Rule 61 in order to provide that-
a. Every registered person intending to furnish GSTR-3B return on a quarterly basis shall in accordance with the conditions and restrictions notified in this regard, indicate his preference for furnishing of return on a quarterly basis, electronically, on the common portal, from the 1st day of the second month of the preceding quarter till the last day of the first month of the quarter for which the option is being exercised.
b. In case, where such option has been exercised once, the said registered person shall continue to furnish the return on a quarterly basis for future tax periods, unless the said registered person– (i) becomes ineligible for furnishing the return on a quarterly basis as per the conditions and restrictions notified in this regard;
(ii) opts for furnishing of return on a monthly basis, electronically, on the common portal.
c. It has been further provided that a registered person shall not be eligible to opt for furnishing quarterly return in case the last return due on the date of exercising such option has not been furnished.
d. A registered person, whose aggregate turnover exceeds 5 crore rupees during the current financial year, shall opt for furnishing of return on a monthly basis, electronically, on the common portal, from the first month of the quarter, succeeding the quarter during which his aggregate turnover exceeds 5 crore rupees.
6. In FORM GSTR-1, in the Instructions, after serial number 17, the following instruction shall be inserted:- “It will be mandatory to specify the number of digits of HSN code for goods or services that a class of registered persons shall be required to mention as may be specified in the notification issued from time to time under proviso to rule 46 of the said rules.”
7. Form GSTR-2B – Auto drafted ITC Statement has been prescribed.
For further details and Format for Form GSTR-2B please refer the attached Notification.
Also, CBIC has issued a Circular for clarification on Quarterly Return Monthly Payment Scheme please refer the attached Circular.
Source: Central Board of Indirect Taxes & Customs
