CA Sanjeev Singhal

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 out with the temporary solution to introduce Form-3B and start collecting the tax. This return was not thought of at the time of making the GST Act. Moreover this return is so poorly drafted which is full of  deficiency. One of the most dangerous part of the return is that after submit the return you can not make changes. Pay off section of the return is made after the submission of the return means thereby if you did any mistake and then you are caught and struck. Now I will elaborate the history 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.

After that Notification No. 23 dated 17.08.2017 was issued in which it was stated that Every registered person furnishing the return in FORM GSTR-3B shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax, interest, penalty, fees or any other amount payable under the Act by debiting the electronic cash ledger or electronic credit ledger .

After that notification no. 24 dated 21.08.2017 was issued to amend the Notification No. 21 dated 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 collecting the payment because normal return GSTR-1, 2, and 3 could not have been filed because of the deferment of due dates.

Twitter Poll on providing option to Revise Form GSTR-3B? 

Standing of GSTR -3B in CGST Act ad Rules, 2017

As per the CGST Rules, 2017, Clause 5 of the Rules 61 States that where the time limit for furnishing the return GSTR-1 and GSTR-2 mentioned in section 37 and Section -38 respectively is extended and the circumstances so warrant, the commissioner may  by notification specify the manner and condition subject to which Form GSTR-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 GTSR-1,2 and 3. Was this volume of return was not enough so that on top of all these bulky returns this form -3B was also loaded to bang the tax payer and make the total volume of return to 37 instead of 28 for the FY 2017-18 [ For Nine Months ]

Wrong Frame Work of GSTR-3B

After everything as discussed above , if some one commit any mistake in preparing this return and the mistake figure out after submission of the return, one stand no where. Fine example of the same is if you have placed the figure in clause -4 which is 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 Rs. 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 Rs. 20000 first and then you can file the GSTR- 3B. Means thereby a small mistake can lead you to pay heavy amount and there is no recourse to it. Moreover there is no provision of filing the revised return.

Why I am saying it is wrong frame work. First of all one should prepare the return fully including the pay off portion. Means thereby total liability under the return should have been knock off by ITC or out of cash as the case may be. And after the preview section, return should be 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 the meeting held on 10.11.2017. It means this is taken as guaranteed that GSTR -1, 2 and 3 will not file on due date as mentioned in Section 37, 38 and 39 of the CGST Act, 2017 because of the following provision contained in Rule 61[5]of the CGST Rules, 2017.

“As per the CGST Rules, 2017, Clause 5 of the Rules 61 States that where the time limit for furnishing the return GSTR-1 and GSTR-2 mentioned in section 37 and Section -38 respectively is extended”

Means thereby it is presumed 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 Rs. 1.5 crore , it has been decided that such taxpayers shall be required to file quarterly returns in FORM GSTR-1,2 & 3 and pay taxes only on a quarterly basis, starting from the Third Quarter of this Financial Year i.e. October-December, 2017. The registered buyers from such small taxpayers would be eligible to avail ITC on a monthly basis. The due dates for filing the quarterly returns for such taxpayers shall be announced in due course. Meanwhile, all taxpayers will be required to file FORM GSTR-3B on a monthly basis till December, 2017. All taxpayers are also required to file FORM GSTR-1, 2 & 3 for the 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 December, 2017, and due dates for the above three return shall be 10.01.2018, 15.01.2018 and 20.1.2018. It means that Form 3B in these cases can not be filed as due date is yet to be approached and it can not be presumed to be extended as on date which has not been fallen due. As per Rule 61[5] of the CGST Rules, 2017 which clearly state that when due dates of GSTR -1 and 2 extends only Form-3B need to be filed.   

Moreover, Payment in case of quarterly return shall be on quarterly basis means 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 can not be matched as small dealer will files their return on Quarterly basis. One registered person is filing return on monthly basis and another is filing on quarterly basis where the matching concept stands and how the GSTR-2A will be created. So auto drafted concept of GST will be in loop and basic fundamental concept behind the GST will collapse. It is very clear that all the decision of recent GST council is in air and nothing material has so far produced. Government need to seriously plan and implement. One need not to rush in hurry where there is chances of bouncing  back the decisions.

Conclusion

Looking at the said ambiguity it is clear that which way the GST council is heading it is not clear. It is moreover confusing the professional and tax payers. Kind of changes GST council is doing every month is unimaginable. Issuing 41 notification on 13.10.2017 is fine example of the same. On top of everything is amendment  of one  notification by another notification has become a routine and no consistency is being adopted and applied which reflects short vision of the Government. It also shows short term planning of the GST council and Government. No professional can keep track of changes and CGST Rules has become mockery of situation because till date in less than 4 month of GST implementation 11th amendment of CGST Rules has been done. This depict the child brain of the Bureaucrats and Politician. These issue’s raises  serious question mark on  the so called think tank (GST council) of the Government. I am sure If this trend continues, all professional and taxpayer shall be  confused and messed.

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Disclaimer :  

The contents of this article are solely for information and knowledge and does not constitute any professional advice or recommendation. Author does not accept any liability for  any loss or damage of any kind  arising out of this information set out in the article and any action taken based thereon.

About the Author:

Author is practising chartered accountant in Gurugram [Haryana] and having practice in Goods and Service Tax. He can be reached at  sanjeev.singhal@skaca.in. WWW. skaca.in

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17 responses to “Form GSTR-3B of GST- Boon or Curse”

  1. Sadashiv Rupchand Gaikwad says:

    What will be solution if in 3B not upload due to wrong information? Next consecutive period 3B is also pening? Instead of tax liability 47000/, wrongly quote 470000/- Now is not change after confirm button. Tax payber not in a position to pay such extra amount. Whether late fees is chaged for July 2017. From Aug 2017 GST 3B form is not upload due to previous 3B is not filed.

  2. Mamatha says:

    Yes need better education about gst

  3. Mamatha says:

    Yes and we need better education and updatiom about gst

  4. RAJESH THAKKAR says:

    I have filed 3B of my client for July 2017 whereby sales figure with GST is entered and submitted erroneously. On complain, I received the answer that the amendment is not allowed. Only mismatch report will be generated after filing GSTR 1, 2 and 3. Now The date is extended till 31.12.2017. GSTR 2 and 3 are not final to file. I am held up. Can not file 3B for Aug. 17 onwards.
    Penalty is to be levied from Oct. 2017. So it is curse.

  5. NAGESH says:

    BIGGEST CURSE. When there is no option to correct the submitted GSTR 3B, it would be a mess. This is an urgent and utmost important issue to be resolved in GSTN portal. Must be allowed to correct the submitted or filed GSTR 3B. Otherwise, again lakhs of traders’ returns will get held up. If ITC is wrongly input by mistake or any other errors of omission or commission happened inadvertently in submission of GSTR 3B, huge liabilities which have no meaning at all, will arise.

  6. sathiesh kumar says:

    for the month of august 2017 i was submitted 3B on due date, but in this i mistakenly typed the purchase amount in reverse charges places. so it posted to tax amount of Rs.2.00 L. but actually i am not liable to pay tax amount. now further steps of all are stopped in my file. so plz issue the option for resubmission for GSTR 3 B .

  7. Arun Goyal says:

    Very good piece. GSTR 3B means that invoice matching is also not going to happen, the back log may go up to a hundred crore pieces to be matched. What a mess. No wonder the return volume has come down. There is a trust deficit.

  8. Sanjiv Bagri says:

    This entire Return Form is a curse. I am from Bengal and had a simple user friendly VAT return form, Form 14 which could have been used as a Base for GST Return Form.

  9. HARIOM SHARMA says:

    Dear Sir,
    I guess that in future GST registered dealers will get GST Department`s notices for mismatch in various GSTR returns and input availed mismatches. Hope that will take a decade to clear by cases by GST Department. Apartment from every thing there will be a good business potential for Tax Professionals.

  10. SUDHIR says:

    why simple system like service tax was not implemented for furnishing of returns? Government should reconsider for ease of doing business.

  11. RATRI BASU says:

    i FULLY AGREE WITH THE AUTHOR.MY DUE TAX IS AROUND 15000/- BUT DUE TO SOME ERRONEOUS ENTRY THE DUE TAX HAS JUMPED TO 46000/-i APPLIED TO HELP DESK AND ME TAX OFFICIAL
    WITHOUT ANY RESULT. PL. SUGGEST REMEDY. ALL MY RETURN ARE HELD UP.

  12. RAJ says:

    Sir, We by mistake put SGST amt into IGST and prepared challan paid the money. now we could not setoff liability. The amount is more than 3 lakhs. when we ask help desk they said no alternative, but to pay again and to file the return Gstr3b. They said refund option will be provided.We don;t know when?! Now we are helpless to solve our problem. Not able to pay that much amt resulting July return filing is still pending

  13. Punit I Shah says:

    FOOLISH 3 B RETURN AS NO MATCHING SYSTEM OF TAX PAYABLE IF YOU ENTER CGST PAYABLE & SGST PAYABLE WITH DIFFERENT AMOUNT THEN THE SOFTWARE OF 3B WILL ACCEPT BOTH DIFFERENT AMOUNT AND LOCK YOUR ACCOUNT OUR REQUEST FOR MODIFICATION OF 3 B VERY MUST AFTER SUBMISSION

  14. ANKUSH ARORA says:

    Implementation of GST is worse as They don’t have check in system that CGST on Taxable outward Supply and SGST on Taxable outward Supply Cannot be different, In our Case CGST is showing as 83 Lacs and SGST is 8.33 Crore resulting to which SGST is showing as 8.33 Crore whereas Actual Tax on outward Supply is 83 Lacs. now Same is asking to setoff by paying Tax of whooping 8 Crores.

    • RISHI AGARWAL says:

      First of all one should think that what ever data we feed into the GST portal is self assessed hence when we sum up total outward supply ( each intra state & inter-state) there shall be equal amount of both CGST & SGST irrespective of the rates at which such outward supplies are charged ..Similarity on Inter date supply there isn’t any bifurcation as such so the total rate as applicable is charged on such taxable outward supply ..So from this front there shouldn’t be any mismatch in the amount of CGST & SGST..if there is any than it’s the fault of the Assessee..

      Now comes most important part & that is set off of IGST with IGST first than if any balance remains than it shall be first applied to CGST & than to SGST if any …
      Similarly in case of CGST..first CGST will setoff with CGST than if there is short fall in Input CGST than Input IGST shall be used subject to the available balance in Electronic credit ledger on Input IGST account ..
      Again same with SGST..first SGST with SGST than IGST ( if available )…And CGST & SGST cannot be offset with each other & vice versa..

      So if there is a short fall in Input IGST & there is Excess CGST available than such excess CGST can be used to pay liability of Output IGST…
      In such case balance in CGST & SGST shall not match..any difference arising due to this has to be paid in cash..
      Same goes with SGST….
      So if any one is getting such mismatch there could be two possible reasons.
      1st is that one has mis cailculated the amount some where ..Secondly due to above stated reason as mentioned in preceeding para..
      There doesn’t seems to be error of GST portal

      • Khasi says:

        Dear sir,
        Have we got any classes, demos for our earlier Excise,Service Tax, Vat returns.

        As you know, Computer is for computing.

        Net demand or net surplus for the appropriate act should comes automatically, after we feeds the output and input taxes. Why you are asking to offset manually.

        Is it necessary for credit ledger,cash ledger,etc..

        dramatic portal only to mess the taxpayers.

  15. MUTHUKRISHNAN A says:

    Dear Sir
    ALL PEOPLE ARE NEW TO GST. AT THE BEGINING STAGE ALL ARE NOT CLEAR ABOUT THE SYSTEM AND PROCEDURES. ALL WE REQUIRE IS TO ALLOW US TO MODIFY AT EVERY LEVEL IN GSTR 3B AND ALL GST RETURNS. PENALTIES AND LATE FEE SHOULD NOT BE THERE.

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