The rules of GST Return will change from January 1, if you miss this important work, you will not
be able to submit GSTR-1.
The government has made a provision for this change in the Finance Bill for the financial year
2021-22. The Central Board of Indirect Taxes and Customs (CBIC) notified amendments to the GST
Act on December 21. After this, it will be implemented from January 1, 2022.
Filling the wrong return of GST (Goods & Service Tax) is going to be costly in the new year. From this January, The Goods and Services Tax (GST) officers will be able to take direct steps for
recovery against traders, who have filed wrong GST returns. It is believed that this step will help in
curbing the tendency of showing wrong bills. It often complains that businesses showing excess
sales in their monthly GSTR-1 form under-report the same in the payment related GSTR-3B form to
reduce the tax liability.
Included in the budget provision
The government had made a provision for this change in the Finance Bill for the financial year
2021-22. The Central Board of Indirect Taxes and Customs (CBIC) notified amendments to the GST
Act on December 21. After this, it will be implemented from January 1, 2022.
Notice is still being issued
Earlier, when such discrepancies came to the fore, notice was issued by the GST Department and
then the process of recovery would start. But after changing the rules, the officials can directly
start the recovery process.
GST return new rule
From January 1, the new year i.e. from January 1, companies that default in
payment of summary return and monthly Goods and Services Tax (GST) will not be allowed to file
GSTR-1 sales return for the subsequent month. According to the news of PTI, in the meeting of the
GST Council held in Lucknow on Friday, several decisions were taken keeping in mind the
harmonization of compliance. This also includes making AADHAAR verification mandatory for
companies or businesses to claim refunds.
Loss in revenue due to evasion of GST will be prevented
According to the news, it is believed that with these steps, the loss in revenue due to evasion of
GST (goods and services tax) will be prevented. The GST regime came into effect on July 1, 2017.
The GST Council has decided to amend Rule 59(6) of the Central GST Rules with effect from
January 1, 2022. Under this, if a registered person has not filed return to Form GSTR-3B for the
previous month, then he will not be allowed to submit GSTR-1.
What are the rules now?
At present, if companies fail to submit GSTR-3B for the last two months, then they are not allowed
to submit outward supplies or GSTR-1. Companies have to submit GSTR-1 for a month by the 11th
day of the subsequent month. On the other hand, GSTR-3B has to be submitted from 20th to 24th
day of the month following through which companies pay tax. AADHAAR Verification Required for
GST Registration.
Apart from this, the council has made AADHAAR verification mandatory for GST registration, only
then a company can claim a refund. The Central Board of Indirect Taxes and Customs (CBIC) made
AADHAAR verification mandatory for GST registration with effect from August 21, 2020. The
council has now decided that companies will have to link their GST registration with biometric
AADHAAR, only then they can claim a refund or apply for restoration of canceled registration.
Mandatory AADHAAR authentication for registered person
The Central Government vide Notification No. 38/2021-CT dated 21.12.2021 has
notified January 1, 2022, as the implementation date for Rule 10B of CGST Rules,
2017.
In the said rule, it is mandatory for the registered person to undergo Aadhaar
authentication for the below purposes,
1. Filing of application for revocation of cancellation of registration in FORM GST
REG-21 under Rule 23 of CGST Rules, 2017
2. Filing of refund application in FORM RFD-01 under Rule 89 of CGST Rules,
2017
3. Refund of the IGST paid on goods exported out of India under Rule 96 of
CGST Rules, 2017.
The taxable person, who have not yet authenticated their Aadhaar, may like to go
through this authentication process before filing the above two applications and
enabling GST system to validate and transmit the IGST refund data from GST
system to ICEGATE system.
If Aadhaar number has not been assigned to the concern person for Aadhaar
authentication as specified above, such person may undergo e-KYC verification by
furnishing the following:
(a) She/he will feed Aadhaar Enrollment ID and upload the acknowledgement;
and
(b) She/he shall also upload any one of the following documents:
(i) Bank passbook with photograph; or
(ii) Voter identity card issued by the Election Commission of India; or
(iii) Passport; or
(iv) Driving license issued by the Licensing Authority under the Motor
Vehicles Act, 1988 (59 of 1988):
Provided further that such person shall undergo the Aadhaar authentication within
a period of thirty days from allotment of the Aadhaar number.
Aadhaar’s authentication or e-KYC verification before the filing of refund may be
completed by navigating to “Dashboard >My Profile > Aadhaar Authentication
Status.”
