TaxTMI 
TaxTMI 
Submission of comments/suggestions on draft proposal of Form GSTR-3B placed in public domain as per 47th GST Council meeting decision
X X X X Extracts X X X X
X X X X Extracts X X X X
....09;वगत कराना है कि दिनांक 28 एवं 29 जून 2022 को चंडीगढ़ में आयोजित 47वी जी0एस0टी0 कॉउन्सिल की बैठक में FORM GSTR-3B में परिवर्तन के प्रस्ताव पर कॉउन्सिल द्वारा FORM GSTR-3B के ड्राफ्ट प्रस्ताव को public domain में रखकर stakeholders के सुझाव प्राप्त किये जाने की अप....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ुक्त (जी0एस0टी0) राज्य कर, उत्तर प्रदेश लखनऊ। (As translated by google translator) Letter No. GST/2022-23/2223033/244/State Tax Office of the Commissioner, State Tax, Uttar Pradesh (GST Section) Lucknow: Dated 22 July, 2022 All Additional Commissioners Grade-1, State Tax, Uttar Pradesh. It is to inform that in the 47th GST Council meeting held on 28th and 29th June 2022 at Chandigarh, on the proposal for changes in Form GSTR-3B, the Council has recommended that the draft proposal of Form GSTR-3B be placed in the public domain for obtaining suggestions from stakeholders. Accordingly, it is hereby directed that the draft proposal of Form GSTR-3B enclosed with this letter shall be circulated among various stakeholders in your respective zones. Their views/comments/suggestions shall be collected and examined, and after due consideration, your considered comments on the suggestions received shall be submitted to the Headquarters by 10.09.2022. This letter i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tem. The salient features of proposed return filing are as below: i. Filing of FORM GSTR-1 to be mandatory before filing of return in FORM GSTR-3B; ii. Filing of FORM GSTR-1 to be sequential; iii. No two-way communication while filing return; iv. Provision of furnishing of details of inward supplies to be removed, instead FORM GSTR-2B (static return) shall be made available to recipients; V. Restrictions in ITC to extend where details of the Input Tax Credit of such supplies which have not been communicated to the registered persons vi. Provisions for Spike Rules to be incorporated in Section 37 & 38 Accordingly, based on the recommendations of GST Council, amendments have been made in the return related provisions of the CGST Act, through the Finance Act, 2022 and will come into effect once the said provisions of the Finance Act, 2022 are notified. C. Major demands by taxpayers in GSTR-3B: i. It has been a long pending demand of trade and industry to allow amendment in FORM GSTR-3B. At present, any omission or mistake made while filing a GSTR-3B return, can be rectified in the return to be furnished for the month/ tax period during which such omission or....
X X X X Extracts X X X X
X X X X Extracts X X X X
....IGST revenues. Distinction must be made between: a. the ITC reversed which need not be reclaimed in future; and b. the ITC which is reversed but may be claimed in future. Line-wise entry in FORM GSTR-3B will facilitate the process of scrutiny and audit by the tax administration due to availability of better quality of data. This will in turn help in revenue mobilization efforts of tax administration. iv. CONCEPT PAPI E. Present FORM GSTR-3B structure: i. Auto drafted Input Tax Credit statement in FORM GSTR-2B has been made available to the taxpayer w.e.f. August 2020 containing all data regarding ITC available based on B2B supplies received from other persons, imports, ISD and RCM supplies 11. Auto-population of ITC and liabilities in FORM GSTR-3B (Payment return) from FORM GSTR-2B (auto-generated inward supply statement) and FORM GSTR-1 (Outward supply statement) respectively has been started w.e.f. December 2020 which has simplified the return filing. F. PROPOSAL FOR CHANGES IN FORM GSTR-3B: Keeping in view the challenges of taxpayers as detailed above and the journey of return enhancements done till date, it is proposed to make changes in the format....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s enclosed to this note as Annexure A and Explanatory instructions relating to the draft return are enclosed as Annexure B are placed for seeking inputs/suggestions of the stakeholders. AnnexureCa FORM GSTR-3B [See rule 61(1)]. Monthly / Quarterly Return Year y y y y Month/ Quarter y y y y 1. GSTIN 2(a). Legal name of the registered person ≤Auto > 2(b) Trade name, if any 2(c) ARN (after filing) 2(d) Date of filing (after filing) 3. Details of Outward Supplies and inward supplies liable to reverse charge Part A: Outward Supplies, inward supplies liableto reverse charge, supplies under section 9(5) and advances received/adjusted Nature of Supplies Total Taxable value Integrated Tax Central Tax State/UT! Tax Cess 6 (a) Taxable outward supplies (other than zero rated, deemed export, reverse charge, nil rated, exempted) (b) Exports (c) Supplies made to SEZ unit or SEZ developer KAuto> (d) Deemed exports (e) Outward supplies attracting reverse charge | NILS NILS KNILS (f) Inward supplies (liable to reverse charge) (1) Import of services . ak Manual> (2) Others (g) Supplies on which EC....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... (a) Negative value carried forward other than (b) Auto, NE> Auto, NE Auto, NE Auto, NE K Auto, NET (b) Negative value carried forward in respect of RCM supplies Auto, NE> Auto, NE- Auto, NE Auto, NES Auto, NE> Eligible and ineligible ITC 4. Description Integrated Tax Central Tax State/UT Tax Cess (A) ITC Available (1) Import of goods (2) Import of services . (3) Inward supplies liable to reverse charge (other than 2 above) (4) Inward supplies from ISD . (5) ITC on Domestic Inwards Supplies excluding 1 to 4 (6) ITC reclaimed (a) ITC which was reversed in (B)(4)(a) in earlier tax period (b) ITC which was reversed in (B)(4)(b) in earlier tax period (c) ITC which was reversed in (B)(4)(c) in earlier tax period (B) ITC Reversed (1) As per rules 38,42 and 43 " (2) As per section 17(5) (3) On account of credit notes in respect of inward supplies (4) Others (a) On account of section 16(2)(b) i.e. goods/services not received in the current tax period : (b) On account of second proviso to section 16(2) (c) Others : (C) Net ITC Available [(A) - (B)] 4A. Amendments to details of ITC available and ITC reversed furn....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d to the taxpayer only if he shows any amendment/debit note/credit note in FORM GSTR-1. POS column of this row will be masked i.e no value will be entered in the POS column of this row." il. Row (b) will contain amendment made to inward supplies attracting reverse charge i.e. row (f) of Part-A furnished in earlier tax period. It will be auto-populated from FORM GSTR-2B. However, it can be edited by the taxpayer. Further, taxpayer can select the time period to which such amendment pertains. This table will be activated either on selection by taxpayers or if the debit note, amendment to invoice or amendment to debit note is done by the supplier. PoS column of this row will be masked i.e no value will be entered in the POS column of this row. Row .. (c) will contain amendment madein the statement of outward supplies relating to details furnished in Part-B furnished in earlier tax period. It will be auto-populated from Tables 9 & 10 of GSTR-1 and will be non-editable. Further, row (c) being a sub-set of row (a), it will not to be added in tax liability. This row will be displayed to the taxpayer only if he shows any amendment/debit note/credit note in FORM GSTR-1. Column of Pl....