Notification No. 23/2017 – Central Tax

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[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise and Customs

Notification No. 23/2017 – Central Tax

New Delhi, the 17th August, 2017

G.S.R. ( )E.:- In exercise of the powers conferred by section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as “the said Act”) read with sub-rule (5) of rule 61 of the Central Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as “the said Rules”) and notification No. 21/2017- Central Tax dated 08th August, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide G.S.R. number 997 (E), dated the 08th August, 2017, the Commissioner, on the recommendations of the Council, hereby specifies the conditions in column (4) of the Table below, for furnishing the return in FORM GSTR-3B electronically through the common portal for the month of July, 2017, for such class of registered persons as mentioned in the corresponding entry in column (2) of the said Table, by the date specified in the corresponding entry in column (3) of the said Table, namely:-

TABLE

Sl.

Class of registered

Last date

Conditions

No.

persons

for

furnishing

of return in

FORM

GSTR-3B

(1)

(2)

(3)

(4)

1.

Registered

persons

20th August,

entitled to avail input tax

2017

…

credit in terms of section

140 of the said Act read

with rule 117 of the said

Rules but opting not to

file FORM GST TRAN-

1 on or before the 28th

August, 2017

2.

Registered

persons

28th August,

(i) compute the “tax payable under the

entitled to avail input tax

2017

said Act” for the month of July, 2017 and

credit in terms of section

deposit the same in cash as per the

140 of the said Act read

provisions of rule 87 of the said Rules on

with rule 117 of the said

or before the 20th August, 2017;

Rules and opting to file

(ii) file FORM GST TRAN-1 under sub-

FORM GST TRAN-1 on

or before the 28th August,

rule (1) of rule 117 of the said Rules

2017

before the filing of FORM GSTR-3B;

(iii) where the amount of tax payable

under the said Act for the month of July,

2017, as detailed in the return furnished in

FORM GSTR-3B, exceeds the amount of

tax deposited in cash as per item (i), the

registered person shall pay such excess

amount in cash in accordance with the

provisions of rule 87 of the said Rules on

or before 28th August, 2017 along with the

applicable interest calculated from the 21st

day of August, 2017 till the date of such

deposit.

3.

Any other

registered

20th August,

…

person

2017

2.Payment of taxes for discharge of tax liability as per GSTR-3B: Every registered person furnishing the return in FORM GSTR-3B shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax, interest, penalty, fees or any other amount payable under the Act by debiting the electronic cash ledger or electronic credit ledger.

Explanation.- For the purposes of this notification, the expression-

(i)“Registered person” means the person required to file return under sub-section (1) of section 39 of the said Act;

(ii)“tax payable under the said Act” means the difference between the tax payable for the month of July, 2017 as detailed in the return furnished in FORM GSTR-3B and the amount of input tax credit entitled to for the month of July, 2017 under Chapter V and section 140 of the said Act read with the rules made thereunder.

3.This notification shall come into force with effect from the date of publication in the Official Gazette.

[F. No. 349/74/2017-GST(Pt.)]

(Dr. Sreeparvathy S.L.) Under Secretary to the Government of India