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CGST (Fifth Amendment) Rules, 2020 – EVC Filing for Companies & SMS-based Nil GSTR-3B

Notification No.: 38/2020 – Central Tax
Date of Notification: 5th May 2020

Relevant Sections and Rules:

  • Central GST Act, 2017:
    • Section 39 – Furnishing of returns
    • Section 164 – Power to make rules
  • CGST Rules, 2017 (as amended):
    • Rule 26(1) – Verification of GSTR-3B
    • Rule 67A – New rule inserted for SMS-based filing of Nil GSTR-3B

Summary of Notification

  1. EVC-Based GSTR-3B Filing for Companies (April–June 2020):
    A new proviso has been added to Rule 26(1) allowing companies registered under the Companies Act, 2013 to file FORM GSTR-3B using Electronic Verification Code (EVC) instead of digital signature for returns filed between 21st April 2020 and 30th June 2020.

✅ This provides flexibility in return filing during COVID-19 disruptions by permitting an alternate mode of authentication.

  1. Insertion of Rule 67A – SMS-Based Filing of Nil GSTR-3B Returns:
    A new Rule 67A is inserted (effective from a date to be notified) allowing registered persons who are required to file a Nil GSTR-3B to do so via SMS using a registered mobile number. Verification shall be done through a One-Time Password (OTP).

🔍 Explanation:
A Nil return under Section 39 is defined as a return with no entries in any table of FORM GSTR-3B.

This digital simplification allows small and inactive taxpayers to comply with return obligations easily without accessing the portal.

Source: Notification No.: 38/2020 – Central Tax

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