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        PRESS NOTE ON FILING OF RETURN IN FORM GSTR-3B FOR JULY, 2017

        August 18, 2017

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        GST Council had earlier decided to defer the filing of return in FORM GSTR-3 and had recommended the filing of return in FORM GSTR-3B. Accordingly, the Central Government vide notification No. 21/2017-Central Tax dated 08.08.2017 had notified the last date for filing of return in FORM GSTR-3B for the month of July, 2017 as 20.08.2017.

        2. Concerns have been raised by the trade about whether transitional credit would be available for discharging the tax liability for the month of July, 2017. In this regard, attention is invited to notification No. 23/2017-Central tax dated 17.08.2017 wherein the date and conditions for filing the return in FORM GSTR-3B have been specified. Salient points for filing the said return are as follows:

        A. Registered persons planning not to avail transitional credit for discharging the tax liability for the month of July, 2017 or new registrants who do not have any transitional credit to avail need to follow the steps as detailed below:

        I. Calculate the tax payable as per the following formula:

        Tax payable = (Output tax liability + Tax payable under reverse charge) – input tax credit availed for the month of July, 2017;

        II. Tax payable as per (i) above to be deposited in cash on or before 20.08.2017 which will get credited to electronic cash ledger;

        III. File the return in FORM GSTR-3B on or before 20.08.2017 after discharging the tax liability by debiting the electronic credit or cash ledger.

        B. Registered persons planning to avail transitional credit for discharging the tax liability for the month of July, 2017 need to follow the steps as detailed below:

        I. Calculate the tax payable as per the following formula:

        Tax payable = (Output tax liability + Tax payable under reverse charge) – (transitional credit + input tax credit availed for the month of July, 2017);

        II. Tax payable as per (i) above to be deposited in cash on or before 20.08.2017 which will get credited to electronic cash ledger;

        III. File FORM GST TRAN-1 (which will be available on the common portal from 21.08.2017) before filing the return in FORM GSTR-3B;

        IV. In case the tax payable as per the return in FORM GSTR-3B is greater than the cash amount deposited as per (ii) above, deposit the balance in cash along with interest @18% calculated from 21.08.2017 till the date of such deposit. This amount will also get credited to electronic cash ledger;

        V. File the return in FORM GSTR-3B on or before 28.08.2017 after discharging the tax liability by debiting the electronic credit or cash ledger.

        Transitional credit affects July GSTR-3B tax discharge; procedures require TRAN-1 filing and cash deposit with interest for shortfalls. Filing procedures for FORM GSTR-3B distinguish registered persons not availing transitional credit and those availing it. Non availing persons calculate tax as (output tax + reverse charge tax) minus input credit for July, deposit that cash by 20.08.2017 to the electronic cash ledger, and file GSTR-3B by that date after debiting electronic ledgers. Availing persons calculate tax as (output tax + reverse charge tax) minus (transitional credit + input credit), deposit cash by 20.08.2017, file FORM GST TRAN-1 before GSTR-3B, pay any balance with interest from 21.08.2017, and file GSTR-3B by 28.08.2017.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Transitional credit affects July GSTR-3B tax discharge; procedures require TRAN-1 filing and cash deposit with interest for shortfalls.

                                Filing procedures for FORM GSTR-3B distinguish registered persons not availing transitional credit and those availing it. Non availing persons calculate tax as (output tax + reverse charge tax) minus input credit for July, deposit that cash by 20.08.2017 to the electronic cash ledger, and file GSTR-3B by that date after debiting electronic ledgers. Availing persons calculate tax as (output tax + reverse charge tax) minus (transitional credit + input credit), deposit cash by 20.08.2017, file FORM GST TRAN-1 before GSTR-3B, pay any balance with interest from 21.08.2017, and file GSTR-3B by 28.08.2017.





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                                ActsIncome Tax
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