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The due date for amending GSTR 1 for FY 2020-2021

The due date for amending GSTR 1 for FY 2020-2021

GSTR-1 and GSTR 3B for September that is filed in October is important as this is assumed to be the last due date for making any entries or any amendments for the previous financial year.

The important question that comes up here is what is the due date for making amendments to the GSTR 1 and claiming GSTR 3B.

GSTR1 is governed by the provisions of Section 37. Sub Section (3) of Section 37 is produced here-

  • Any registered person, who has furnished the details under the sub-section(1) for any tax period and has remained unmatched under section 42 or section 43, shall, upon discovery of any error or omission therein, rectify these errors or omissions in this manner that is prescribed and shall the tax and the interest if there is any. The short payment of tax on account of such error omission in the return is to be furnished for such tax period:

Provided that no rectification of error or omission concerning the details that are furnished under sub-section (1) shall be allowed to furnish the returns under section 39 for September following the end of the financial year to which the details pertaining or furnishing of the relevant annual return, whichever is earlier:

Provided further that the rectification of error or omission concerning the details that are furnished under sub-section (1) that is allowed after furnishing of the returns under Section 39 for September 2018 till the due date for furnishing the details under sub-section(1) for March 2019 or the quarter January 2019 to March 2019.

 Eligibility and condition for considering input tax credit that is governed by the provisions of Section 16. Sub-section (4) of Section 16 is as follows-

 A registered person should not be entitled to take the input tax credit in consideration of any invoice or debit note for the supply of goods or services or both after the due date of furnishing the returns under section 39 for September which is followed by the end of the financial year to which such invoice or the debit note is pertaining or furnishing the relevant annual return whichever happens earlier.

But provided that the registered person should be entitled to consider the input tax credit after the due date of furnishing the return under Section 39 of September 2018 till the due date of furnishing the returns under the Section for March 2019 concerning any invoicer or invoice that is relevant to such debit notes for the supply of goods or services or both that is made during the financial year 2017-18, the details of which have been uploaded by the supplier under sub-section (I) of section 37 till the due date for furnishing the details under sub-section(I) of the said section for March 2019.

On 17th October 21, GSTN issued an update on the GST Portal Stating “Availability Of Input Tax Credit for FY 2020-21. In this update, the GSTIN, states that as per section 16 (4) of the CGST Act,2017 no taxpayer shall take the input tax credit concerning records for the supply of goods or services for the financial year 2020-21 after the due date of the furnishing the returns for September 2021. The due date filing GSTR 3b FOR September 2021 is 20th October people filing monthly returns and 22nd or 24th October depending on the state and the UT.

Records (Invoice or debit notes) regarding the financial year 2020-2021 reported in GSTR 1 after the due date of the GSTR 1 after the due date of GSTR 3B will not be reflected as “ITC available” in GSTR 2B OF THE RECIPIENTS. These records will be reflected as the “ITC not available” section and the ITC should not be auto-populated in GSTR 3B.

The record concerning the financial year 2020-2021 as reported in GSTR 1 after the due date of GSTR-3B of September 2021 will not be reflected as “ITC as per  GSTR 2A” in table 8A of GSTR 9 of the recipients.