GSTN issued Advisory on sequential filing of GSTR-1 & filing of GSTR-1 before GSTR-3B

The Goods and Services Tax Network (“GSTN”) has issued Advisory dated October 21, 2022 on the sequential filing of GSTR-1 & filing of GSTR-1 before GSTR-3B on the GST Portal.

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 September 28, 2022 with effect from October 01, 2022. According to section 37(4) of CGST, Act, a taxpayers shall not be allowed to file GSTR-1 if 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.

Section 37(4) & 39(10) of Central Goods & Service Tax Act, 2017 are reproduced below:

Section 37(4) : A registered person shall not be allowed to furnish the details of outward supplies under sub-section (1) for a tax period, if the details of outward supplies for any of the previous tax periods has not been furnished by him:

Section 39(10) : A registered person shall not be allowed to furnish a return for a tax period if the return for any of the previous tax periods or the details of outward supplies under sub-section (1) of section 37 for the said tax period has not been furnished by him:

These changes are being implemented prospectively and will be operational on GST Portal from November 01, 2022. Accordingly, from October-2022 tax period onwards, the filing of previous period GSTR-1 will be mandatory before filing current period GSTR-1.

Illustration: Filing of October, 2022 period GSTR-1 will be mandatory before filing GSTR-1 of November, 2022 period.

Further, from October, 2022 tax period onwards, filing of GSTR-1 will also be mandatory before filing GSTR-3B.

Illustration: Taxpayer will not be allowed to file GSTR-3B for October, 2022 period if GSTR-1 of October, 2022 period is not filed.

The Advisory can be accessed at - https://www.gst.gov.in/newsandupdates/read/559