GSTR-3B has been specified as the return in lieu of GSTR-3 required u/s 39 – Rule 61

Category : | Author :MasterGST

The rule 61(5) has been amended to specify that, in case where the due date for furnishing the returns GSTR-1 and GSTR-2 (Under Sec 37 & 38), has been extended, GSTR-3B shall be the return to be filed under Sec 39 of CGST act.

The effective date for this amendment has been specified as 01-Jul-17.

Comments:
  • Earlier, vide N/n_10/2017_CT_28-Jun-17, new rule 61(5) has been inserted to specify that the GSTR-3B is the return in lieu of GSTR-3, again vide N/n_17/2017_CT_27-Jul-17, the said sub-rule was amended to specify that the 3B is not a return in lieu of GSTR-3.
  • Further, the department in its press release dated 18-Oct-18, has specified that the last date for availing the credit for FY 17-18 shall be the date filing GSTR-3B of Sep’18 or date of filing annual return whichever is earlier.
  • Considering the above facts, the Gujarath HC in case of “AAP AND  CO.,  CHARTERED  ACCOUNTS  THROU  AUTHORISED  PARTNER Versus UNION  OF  INDIA  &  3  other(s)” had specified that the GSTR-3B is not a return as per Sec 39.
  • As a result of the above decision, the date of filing annual return has become the last date for availing credit for the financial year.
  • To tackle the same, as expected, the department has amended the rule 61(5) with retrospective effect, to specify that the GSTR-3B shall be return in lieu of GSTR-3 referred in Sec 39.

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