Now you can edit, submit & file GSTR 3B for July 2017

Taxpayers who have not set off their tax liability for GSTR 3B for July 2017 and have only done ‘Submit’ of their GSTR 3B, have now been given option to edit, submit and file their Returns.

Some of relevant provisions of 3 B

Can filling of GSTR-3B be avoided by filing GSTR-1, 2 & 3?
You cant avoid Form 3B as the filling of GSTR-3B is mandatory as per CGST rule 61(5).

Your attention is invited to  rule 61(5)  &  rule 61(6)  vide

61(5) Where the time limit for furnishing of details in FORM GSTR-1 under section 37 and in FORM GSTR-2 under section 38 has been extended and the circumstances so warrant, the Commissioner may, by notification, [specify the manner and conditions subject to which the]10 return shall befurnished in FORM GSTR-3B electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner.

61(6) Where a return in FORM GSTR-3B has been furnished, after the due date for furnishing of details in FORM GSTR-2—

(a)  Part A of the return in FORM GSTR-3 shall be electronically generated on the basis of information furnished through FORM GSTR-1, FORM GSTR-2 and based  on other liabilities of preceding tax periods and PART B of the said return shall be electronically generated on the basis of the return in FORM GSTR-3B furnished in respect of the tax period;

(b)  the registered person shall modify Part B of the return in FORM GSTR-3 based on the discrepancies, if any, between the return in FORM GSTR-3B and the return in FORM GSTR-3 and discharge his tax and other liabilities, if any;

(c)   where the amount of input tax credit in FORM GSTR-3 exceeds the amount of input tax credit in terms of FORM GSTR-3B, the additional amount shall be credited to the electronic credit ledger of the registered person.

Earlier Rule 61(5) specified that GSTR-3B is to be filed in lieu of GSTR-3. Which meant that if you are filing GSTR-3B, you need not file GSTR-3.

But, the words “in lieu of” have been removed in the amended Rule 61(5). Accordingly it can be construed that:

A tax payer has to file GSTR-3B and A tax payer also has to file GSTR-3

Auto Generation of GSTR-3

A new rule 61(6) provides that once GSTR-3B has been filed, GSTR-3 will be auto-generated by GSTN

GSTR-3 will be generated after due date for furnishing GSTR-2 which shall be consisting of 2 parts i.e. Part-A & Part-BPart A of GSTR-3 will be auto-generated based on information provided in:GSTR1 and GSTR2Other liabilities of preceding tax periodsPart B of GSTR-3 will be auto-generated based on information provided in GSTR-3BPart A of GSTR-3Part B of GSTR-3GSTR-1GSTR-3BGSTR-2Preceding period liabilities

Discrepancy between GSTR-3 and GSTR-3B

Tax liability in GSTR-3 and GSTR-3B will be matched and:

If tax liability in GSTR-3 is higher than what is declared in GSTR-3B, tax payer will have to modify Part B of GSTR-3 and discharge the shortfall in liability.If tax liability in GSTR-3 is less than what is declared in GSTR-3B, the surplus will be credited to electronic credit ledger of the taxpayer.

 From the above discussion, it is amply clear that filing of GSTR-3B is mandatory in addition of filling of GSTR-1, 2 & 3.

If GSTR-3B is not filled with in time prescribed that there shall be levy of late fee @ Rs. 100 per day subject to maximum of Rs. 5,000/- per Act along penal interest for non payment of tax.