The Goods and Services Tax (GST) system is one of India’s most significant tax reforms. It simplifies the indirect taxation structure and brings uniformity across the country. In order to further streamline compliance and enforcement, the Government of India, through the Finance Act, 2023 (8 of 2023), introduced a important amendment concerning the filing of GST returns. This amendment came into effect from October 1, 2023, via Notification No. 28/2023 – Central Tax dated July 31, 2023. It has now been officially notified that GST returns cannot be filed after a period of three years from the due date of furnishing such returns.
What the Law Says The new rule is specifically related to Section 37, Section 39, Section 44, and Section 52 of the Central Goods and Services Tax Act, 2017. These sections pertain to the following types of returns:
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Section 37: Furnishing details of outward supplies (GSTR-1)
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Section 39: Monthly/quarterly returns for payment of liability (GSTR-3B, GSTR-4, GSTR-5, GSTR-5A, etc.)
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Section 44: Annual return (GSTR-9)
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Section 52: Return for tax collected at source (GSTR-8)
As per the latest amendment, the taxpayers will not be allowed to file these returns if the due date has crossed three years. Once this period expires, the GST portal will permanently restrict the filing of these returns.
Effective Date of Implementation Although the law came into effect from October 1, 2023, the actual implementation of this rule will start from the July 2025 tax period. This means that for any return whose due date is older than three years from the date of filing (post-July 2025), the GSTN portal will not allow submission.
Advisory from GSTN Prior to the implementation, the GST Network (GSTN) issued an advisory on October 29, 2024, warning taxpayers to reconcile and file any pending returns that are nearing the three-year deadline. The advisory serves as a reminder to taxpayers to take corrective actions in advance to avoid being barred from filing.
Impacted GST Return Types
This rule affects a wide range of GST returns, which include:
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GSTR-1 (Outward Supplies)
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GSTR-3B (Monthly Summary)
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GSTR-4 (Composition Dealer)
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GSTR-5 (Non-resident Taxable Person)
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GSTR-5A (OIDAR Services)
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GSTR-6 (Input Service Distributor)
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GSTR-7 (TDS Deductor)
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GSTR-8 (TCS Collector)
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GSTR-9 (Annual Return)
It is critical for taxpayers who have failed to submit these returns in the past to take urgent action before the bar on delayed filing is enforced.
Impact on Businesses Businesses that have not filed their returns in the past three years are at risk of facing major consequences:
Steps to Be Taken by Taxpayers
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Loss of Input Tax Credit (ITC): Non-filing of returns can lead to disqualification from claiming ITC.
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Penalties and Late Fees: Accumulated penalties and late filing fees can become a burden.
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Cancellation of Registration: Continued non-compliance can lead to cancellation of GST registration.
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Legal Proceedings: Authorities can initiate recovery and penal provisions for non-filing of returns.
Steps to Be Taken by Taxpayers
In light of this change, all taxpayers are strongly advised to:
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Review and reconcile their GST returns from the past three years.
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Identify any missing or unfiled returns.
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File those returns on priority before the deadline.
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Keep track of the three-year cutoff to avoid future filing restrictions.
Reasons for This Change
The Government’s rationale behind introducing this provision is to improve GST compliance and ensure timely return filing. Delayed return filing causes discrepancies in ITC reconciliation, hampers data accuracy, and affects revenue collection. This rule aims to create a disciplined filing culture and enhance transparency in the system.
Challenges for Taxpayers
While the rule intends to promote compliance, it may pose certain challenges for taxpayers:
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Taxpayers who have legacy issues or disputes may not be able to file old returns.
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Recovery of past dues may become difficult without the ability to file older returns.
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Businesses under financial distress or closed businesses may lose the opportunity to regularize their compliance.
Legal Validity and Provisions
This amendment has legal backing under the Finance Act, 2023 and is in line with the Central Goods and Services Tax (Amendment) Act. The Central Government has powers to notify such changes under the GST law, and the notification dated July 31, 2023 (No. 28/2023 – Central Tax) confirms this enforcement.
Conclusion
The implementation of the three-year bar on GST return filing is an important regulatory move. Taxpayers who have pending returns from earlier years must act quickly. Ignoring this development could lead to serious compliance issues and financial consequences. It is advisable to consult with Compliance Calendar LLP experts and reconcile all GST returns immediately. You can connect through email at info@ccoffice.in or Call/Whatsapp at +91 9988424211.
Frequently Asked Questions (FAQs)
Q1. From when is the three-year filing bar applicable on GST returns?
Ans. The bar will be enforced for returns due before three years from the current filing date starting from July 2025 onwards.
Q2. Which GST returns will be restricted after three years?
Ans. Returns under Sections 37, 39, 44, and 52 will be restricted. This includes GSTR-1, GSTR-3B, GSTR-4, GSTR-5, GSTR-5A, GSTR-6, GSTR-7, GSTR-8, and GSTR-9.
Q3. Can I file a GSTR-1 return for FY 2021-22 in August 2025?
Ans. No, you cannot file GSTR-1 for FY 2021-22 in August 2025 if the due date crossed more than three years.
Q4. Is this restriction applicable to GSTR-9 (Annual Return)?
Ans. Yes, the restriction applies to GSTR-9 as it falls under Section 44.
Q5. What if I missed filing my return due to technical issues?
Ans. After the three-year period, no exceptions will be granted. It is advisable to resolve technical issues well in advance.
Q6. Will late fees and penalties be applicable even if I file now?
Ans. Yes, late filing fees and penalties will still be applicable even if you file before the three-year deadline.
Q7. Can a closed business file past returns after three years?
Ans. No, the filing will be barred after three years even for closed or inactive businesses.
Q8. Will the GST portal automatically block old returns?
Ans. Yes, the GST portal will restrict return filing after the three-year window starting from July 2025.
Q9. Is there a way to extend this three-year period?
Ans. No, there is no provision to extend the filing period beyond three years under the current notification.
Q10. What should taxpayers do now to avoid this issue?
Ans. Taxpayers must review all unfiled returns and ensure that every pending GST return is filed before it becomes time-barred under the new rule.