Missed GSTR-1 Deadline? Know the Consequences

GSTR-1 - Deadline - Consequences - taxscan

The last date for filing of GSTR-1 return was 11th November 2022. The deadline was significant for the taxpayers in the light of the recent amendment in the GST law recently in consequent to which, the taxpayers will be restricted by the GST Common Portal from GSTR-3B of October, if GSTR-1 for the same tax period i.e. October has not been filed.

The last date for filing of GSTR-3B for the period of October is nearby, ie., 20th of November 2022.

The Central Government has amended Section 37 & Section 39 of the Central Goods & Service Tax Act (CGST), 2017 vide Notification No. 18/2022–Central Tax dated 28th September 2022 with effect from 01 October, 2022.

Amended section 39(10) restricts the filing of GSTR-3B for the current tax period if any of the GSTR-1 for the previous period including the current period has not been furnished by the taxpayer.

According to section 37(4) of the CGST, Act, a taxpayer shall not be allowed to file GSTR-1 if a previous GSTR-1 is not filed and as per sec 39(10) a taxpayer shall not be allowed to file GSTR-3B if GSTR-1 for the same tax period is not filed.

“Attention GST Taxpayers, Following important changes have been made in Return Filing Process, Taxpayers need to file previous tax periods GSTR-1 before filing current period GSTR-1. GSTR-1 for the current period need to be filed before filing GSTR-3B for the said tax period,” the CBIC said in a statement last week.

Further, the taxpayer can amend the details of taxable outward supplies made to the registered person that is already reported in table 4A, 4B, 6B, 6C – B2B Invoices. The taxpayer shall provide the financial year and invoice number and click on Amend Record to search for the invoice. 30th November is the deadline for making GSTR-1 amendments and claiming pending input tax credit (ITC) for FY 2021-22. However, the actual due date is dependent on November’s GSTR-1/GSTR-3B filing deadlines (i.e. pertaining to October’s return period). If a taxpayer misses the relevant deadlines, the GSTR-1/3B cannot be revised. Pending ITC for FY 2021-22, if any, will be forfeited.

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