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Form GSTR-3B of GST - Boon or Curse

Goods and Services Tax - GST - By: - Sanjeev Singhal - Dated:- 15-11-2017 Last Replied Date:- 15-11-2017 - Form GSTR-3B is summary return inserted by Government vide Rule 61 of the CGST Rules,2017 in lieu of Form -GSTR-3 . It is a summary return in place of GSTR-3. Form was introduced as time gap arrangement to collect the tax from the payer of tax. Since all the periodical monthly return were delayed and tax payers were not able to understand and file the returns on time. Government has come ou .....

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of introduction of this Forms with relevant Section and Notifications on the same. Main aspect is how this form will be used in future with the latest amendment in GST Council meeting on 6.10.2017 when the Government has issued 41 notification in single day on 13.10.2017. History of GSTR- 3B GSTR-3B was first born by Notification No. 21 dated 08.08.2017 where it is said that this form shall be filed for the month of July and August, 2017 by 20th of the following month.

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ed 08.08.2017. After that Notification no. 35 dated 15.09.2017 was issued where the date of filing the Form GSTR-3B was extended to December,2017. After that in GST council meeting dated 10.11.2017 it is said that all taxpayers would file return in FORM GSTR-3B along with payment of tax by 20th of the succeeding month till March, 2018 Looking at the history it may be said that this great anomaly of the Government that this temporary return was adopted as tool for .....

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n subject to which Form-3B can be filed. From the foregoing paragraph it is evident that Government has already made provision of this return while framing CGST Rules ,2017 and inserted the same intention in Rules 61. Duplication of Work for Tax Payers First of all ,one need to file Form- GSTR-3B and then File GSTR-1, 2,and 3 and make reconciliation of GSTR -3B with all three returns of the months like with GSTR-1, 2,and 3. Was this volume of return was not enoug .....

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section of Eligible ITC , for claiming ITC you have to fill the figure in sub clause -v of clause -4 and instead by mistake you fill the figure one line down which is of clause -B-1 then impact of the same shall be double. Instead of claiming ITC the same shall convert in to liability. Suppose you fill the figure of ₹ 10000 wrongly in clause-B then liability shall be increased by 20000. And if you submitted the return and next stage is payoff . For the said mistake you need to pay ₹ .....

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allowed to be submitted and filed. But it is structured in other way round. First return is submitted and then pay off window is being opened with late fees where you have to pay late fees with separate challan and then file the return. Analysis of Notification no. 35 and GST Council meeting on 6.10.2017 and 10.11.2017 In the above notification no. 35 , GSTR-3B is to filed till December,2017 which has been extended till March,2018 as per the GST council recommendation in t .....

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umed that none of the above said returns will be filed on due date till 31.3.2018. Provision of Quarterly Return to be filed by small and medium businesses Clashing with Form-3B Contents of GST council Meeting on 06.10.2017 To facilitate the ease of payment and return filing for small and medium businesses with annual aggregate turnover up to ₹ 1.5 crore , it has been decided that such taxpayers shall be required to file quarterly returns in FORM GSTR-1, 2 .....

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he months of July, August and September, 2017. Due dates for filing the returns for the month of July, 2017 have already been announced. The due dates for the months of August and September, 2017 will be announced in due course. Now in GST council meeting held on 10.11.2017, Form -3B has been extended till March, 2018. Now the question arises is when the due date of GSTR-1, 2,and 3 for small and medium business has been made on quarterly basis from third quarter i.e. October to Decemb .....

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eans that for the Quarter October to December, 2017 the payment shall be due on 20.1.2018. If the Form -3B to be filed by all taxpayer including the quarterly taxpayer one need to pay the taxes on monthly basis. This is totally contradictory to provision of GST act and rules thereof. Matching Concept on Stake Once the return of small and medium business started filing on quarterly basis how the GSTR-2 shall be auto drafted . Registered Person buying from the small dealer c .....

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