The Government of NCT of Delhi has notified the Delhi Goods and Services Tax (Second Amendment) Rules, 2022. These Amendment Rules were notified on 16th January, 2023 and come into force with effect retrospectively, from the 1st day of October, 2022.
The Rules state that failure to furnish GSTR-3B in the following circumstances would be a ground for cancellation of GST registration:
- where a registered person is required to file a return for each month or a part thereof and fails to file returns for a continuous period of 6 months,
- where a registered person is required to file a return for each quarter or a part thereof and fails to file returns for a continuous period of 2 tax periods.
Additionally, a registered person, who has availed of input tax credit on any inward supply of goods and/or services, but fails to pay to the supplier the amount along with tax for such supply, within the specified time limit shall pay an amount equal to the input tax credit availed along with interest payable. However, this does not include availing input tac credit on supplies on which tax is payable on reverse charge basis.
Moreover, such registered person shall also furnish the return in FORM GSTR-3B for the tax period immediately following the period of one hundred and eighty days from the date of the issue of the invoice.
Where the said registered person subsequently makes the payment of the amount towards the value of such supply along with tax payable thereon to the supplier, he shall be entitled to re-avail the input tax credit.