Answer

GST

Filed a nil GSTR-3B by mistake despite sales

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  1. Facts

    A filed GSTR-3B cannot be revised. The missed sales must be reported in the next GSTR-1 and the tax paid in the next GSTR-3B, with interest under Sec 50(1) for the delay.

  2. Provisions and law

    • Sec 39(9), CGST Act 2017Errors in a return are corrected in a later return, within the time limit
    • Sec 50(1), CGST Act 2017Interest at 18 percent a year on tax paid late, on the part paid in cash
    • Sec 37, CGST Act 2017Details of outward supplies to be furnished in GSTR-1
  3. Analysis

    Say you had sales of ₹4,00,000 with tax of ₹72,000 in August but filed nil. Report the invoices in September's GSTR-1, which flows to September's GSTR-3B. Pay the ₹72,000 plus interest at 18 percent a year for about 30 days on the cash portion, which is around ₹1,065 if all paid in cash. Keep a note explaining the correction in case of scrutiny.

  4. Conclusion

    1. List the sales missed in the nil return
    2. Report them in the next GSTR-1 with the correct dates
    3. Pay the tax in the next GSTR-3B
    4. Compute and pay interest for the delay in Table 5.1
    5. Keep a working note on file

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