Ministry of Finance: Central Goods and Services Tax (Twelfth Amendment) Rules, 2020

The Central Board of Direct Taxes, vide its notification dated 15th October, 2020 and in exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (CGST) has amended the Central Goods and Services Tax Rules, 2017 and has made Central Goods and Services Tax (Twelfth Amendment) Rules, 2020. The said Rules shall be deemed to have come into effect from 15th October, 2020.

In exercise of the powers conferred by section 148 of the CGST Act, 2017, the Central Government, on the recommendations of the Council, notified that the registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year, as the class of registered persons who shall follow the special procedure for furnishing the details of outward supply of goods or services or both. The said registered persons shall furnish the details of outward supply of goods or services or both in FORM GSTR-1 under the CGST Rules, 2017, effected during the quarter October 2020 to December 2020 on 13th January, 2021 and quarter for January, 2021 to March, 2021 on 13th April, 2021 for furnishing the details.

The second proviso to sub-section (1) of section 37 read with, section 168 of the CGST Act, 2017, the Commissioner, on the recommendations of the Council, extended the time-limit for furnishing the details of outward supplies in FORM GSTR-1 of the CGST Rules, 2017, by such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year, for each of the months from October, 2020 to March, 2021 till the eleventh day of the month succeeding such month. The time-limit for furnishing the details or return under sub-section (2) of section 38 of the said Act, for the months of October, 2020 to March, 2021 shall be subsequently notified in the Official Gazette.

In exercise of the powers conferred by section 168 of the CGST, 2017 read with sub-rule (5) of rule 61 of the CGST Rules, 2017 the Commissioner, on the recommendations of the Council, specified that the return in FORM GSTR-3B of the said rules for each of the months from October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the 20th day of the month succeeding such month.

Provided that, for taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep, the return in FORM GSTR-3B of the said rules for the months of October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twenty-second day of the month succeeding such month.

Provided further that, for taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi, the return in FORM GSTR-3B of the said rules for the months of October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the 24thday of the month succeeding such month.

As far as the payment of taxes for discharge of tax liability was concerned as per FORM GSTR-3B- Every registered person furnishing the return in FORM GSTR-3B of the said rules shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax by debiting the electronic cash ledger or electronic credit ledger, as the case may be and his liability towards interest, penalty, fees or any other amount payable under the said Act by debiting the electronic cash ledger, not later than the last date, as specified in the first paragraph, on which he is required to furnish the said return.

Lastly for Integrated Tax the first proviso to rule 46 of the CGST Rules, 2017, read with notification issued on 28th June, 2017, the Central Board of Indirect Taxes and Customs, on the recommendations of the Council, hereby made the following amendment in notification of the Government of India in the Ministry of Finance Part II, Section 3(i), should be substituted with the aggregate turnover in the preceding financial year- (i) upto Rs. 5 Crores and (ii) more that Rs. 5 Crores with effect from 01st April, 2021.