CBIC notifies class of persons under proviso to section 39(1)

Circular No.: ES/367/2020-21 12th November, 2020

To: Members of the Council

Sub: CBIC notifies class of persons under proviso to section 39(1)

Dear Member,

CBIC has issued Notification No. 84/2020 – Central Tax dated 10th November, 2020 notifying that the registered persons, other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), having an aggregate turnover of up to five crore rupees in the preceding financial year, and who have opted to furnish a return for every quarter, under sub-rule (1) of rule 61A of the CGST Rules, 2017 as the class of persons who shall, subject to the following conditions and restrictions, furnish a return for every quarter from January, 2021 onwards, and pay the tax due every month in accordance with the proviso to sub-section (7) of section 39 of the said Act, namely: —

the return for the preceding month, as due on the date of exercising such option, has been furnished:
where such option has been exercised once, they shall continue to furnish the return as per the selected option for future tax periods, unless they revise the same.

Registered person whose aggregate turnover crosses five crore rupees during a quarter in a financial year shall not be eligible for furnishing of return on quarterly basis from the first month of the succeeding quarter.

For the registered person falling in the class specified in column (2) of the Table below, who have furnished the return for the tax period October, 2020 on or before 30th November, 2020, it shall be deemed that they have opted under sub-rule (1) of rule 61A of the said rules for the monthly or quarterly furnishing of return as mentioned in column (3) of the said Table:-

Sl. No.	Class of registered person	Deemed Option
1	Registered persons having aggregate turnover of up to 1.5 crore rupees, who have furnished FORM GSTR1 on quarterly basis in the current financial year	Quarterly return
2	Registered persons having aggregate turnover of up to 1.5 crore rupees, who have furnished FORM GSTR1 on monthly basis in the current financial year	Monthly return
3	Registered persons having aggregate turnover more than 1.5 crore rupees and up to 5 crore rupees in the preceding financial year	Quarterly return

The registered persons referred to in column (2) of the said Table, may change the default option electronically, on the common portal, during the period from 5th December, 2020 to 31st January, 2021.

Members may kindly make a note of the above.

Thanking you,

Yours faithfully,

S.BALARAJU
EXECUTIVE DIRECTOR