Question 46:
A dealer has filed GSTR 3B & GSTR 1 for the month of MARCH 18 as a NIL . by
mistake But subsequently he realise his mistake now,
1} Whether dealer can incorporate his sales & purchase for the Month of MARCH 18
in to next month of APRIL 18 or
2} He will incorporate same sales & purchase of MARCH 18 in annual return in
FORM 9
3} As per computation of MARCH 18 there is no tax liability is work out after
considering purchase itc of MARCH 18
Answer
1.& 2. You can record the unreported sale
invoices in the succeeding month GSTR-3B and GSTR-1 with correct details of
invoice (i.e date e.t.c.) and the unreported purchase invoices in the succeeding
month GSTR-3B. As per proviso to section 39 of CGST Act you can do rectification
upto furnishing of annual return or September 2018 whichever is earlier. you are
also liable to pay interest in cash (charged from the due date of return in
which you are required to furnish details of invoice till the date return is
filed) even if the net tax liability after considering ITC is NIL.
Circular No. 26/26/2018-GST dated 29.11.2017 clarifies the above as follows:-
4. It is clarified that as return in FORM GSTR-3B do not contain provisions for
reporting of differential figures for past month(s), the said figures may be
reported on net basis along with the values for current month itself in
appropriate tables i.e. Table No. 3.1, 3.2, 4 and 5, as the case may be. It may
be noted that while making adjustment in the output tax liability or input tax
credit, there can be no negative entries in the FORM GSTR-3B. The amount
remaining for adjustment, if any, may be adjusted in the return(s) in FORM
GSTR-3B of subsequent month(s) and, in cases where such adjustment is not
feasible, refund may be claimed. Where adjustments have been made in FORM
GSTR-3B of multiple months, corresponding adjustments in FORM GSTR-1 should also
preferably be made in the corresponding months.
Please note succeeding month means any month comes after the month in which
return is filed it does not mean next month only.
If you wait to incorporate the same in annual return then the liability of
interest keeps on increasing till the date of filling of annual return.
3. Although your net tax liability after considering purchase ITC is Nil, but
your output tax liability remains outstanding till the time you offset it with
ITC in return and you are also liable to pay interest in cash till the date of
filing of return. (reply dt. 06/09/2018)