GSTR-1 is a monthly or quarterly return (based on taxpayer’s annual turnover) that should be filed by every registered dealer.
As per Notification No. 35/2021: From 1st Jan, 2022 onwards, if a monthly filer is non-compliant i.e. he has his GSTR-3B not filed for the previous month, then he will not be allowed to file the GSTR-1 for the subsequent month, till the GSTR-3B for the preceding month is filed. Read: stricter compliance on GSTR 3B non-filing.
Update on 03rd May 2021 :
Due date of filing GSTR-1 for the month of April 2021 is extended to 26th May 2021 via GST Notification 12/2021
Details of IFF for Apr 21 can be furnished from 1st May to 28th May 21. This extension is notified via GST Notification 13/2021
Update on 22nd December 2020 :
CGST Rules, 2017 duly amended to insert Rule 59(6) – A registered person
(a) shall not be allowed to file GSTR-1, if he has failed to file GSTR-3B for preceding two months;
(b) shall not be allowed to file GSTR 1 or furnish details through invoice furnishing facility, if he has failed to file GSTR-3B for preceding tax period;
(c) a registered person, who is restricted from using the amount available in electronic credit ledger to discharge his liability towards tax in excess of ninety-nine per cent. of such tax liability under rule 86B, shall not be allowed to furnish GSTR-1 or using the invoice furnishing facility, if he has failed to file GSTR-3B for preceding tax period
What is GSTR 1?
GSTR-1 is a monthly or quarterly return (based on taxpayer’s annual turnover) that should be filed by every registered dealer. In this form, the registered taxpayers are required to provide details of all their outward supplies/sales records.
Who is NOT required to file form GSTR 1?
Under the GST regime, it is mandatory for every* registered taxpayer to furnish his/her Form GSTR-1 before the given due date, even in case of NIL returns, barring a few exceptions.
*The following taxpayers are exempt for filing form GSTR-1:
- Input Service Distributors (ISD)
- Composition Dealers
- OIDAR suppliers, who have to pay tax themselves (as per Section 14 of the IGST Act)
- Non-resident taxable person
- TCS Collectors
- TDS Deductors
GSTR-1 due date
The due date for GSTR-1 is based on the taxpayer’s annual turnover.
For businesses with an annual turnover of 1.5 crores or above are required to file their form GSTR-1 on a monthly basis, on or before the 11th day of the succeeding month.
For businesses with turnover below 1.5 crores can file their form GSTR-1 on a quarterly basis, on or before the 30th day of the month succeeding the quarter till Oct 2020.
Due dates of GSTR-1 Quarterly returns for tax period Oct 20 to Mar 21 is notified to be 13th of the month following the quarter | GST Notification 74/2020
Due dates of GSTR-1 Monthly returns are notified for tax period Oct 20 to Mar 21 | GST Notification 75/2020
CBIC extends the time limit of filing GSTR-1 | GST Notification 83/2020
Upcoming GSTR-1 Due Dates for FY 2020-21
|Monthly GSTR-1 Due Dates||Quarterly GSTR-1 Due Dates|
|Oct 2020||11th November 2020||Apr-Jun 2020||03rd August 2020|
|Nov 2020||11th December 2020||Jul-Sept 2020||31st October 2020|
|Dec 2020||11th January 2021||Oct-Dec 2020||13th January 2021|
|Jan 2021||11th February 2021||Jan-Mar 2021||13th April 2021|
|Feb 2021||11th March 2021|
|Mar 2021||11th April 2021|
GSTR-1 Late Fees and Penalty
In case of missed or delayed filing of form GSTR-1, Late Fee of Rs. 200 per day of delay shall be levied upon the taxpayer (Rs. 100 as per the CGST Act and Rs. 100 as per the SGST Act).
Update: The penalty for delayed filing of form GSTR 1 has been reduced to Rs. 50 per day. Additionally, the late fee in case of NIL returns has been set to Rs. 20 Per day.
Form GSTR-1 and E-Way Bills
The 31st GST council meeting witnessed the amalgamation/linking of Eway bills (EWB) with form GSTR 1. In order to keep a tab on the compliance cycle of a taxpayer, the GST council announced the restriction on the generation of EWBs, if GSTRs are not filed for two consecutive tax periods. To know further details, read our article on “Importing Your E-way Bills into GSTR-1”
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