Rule 86B of the CGST Rules, introduced in December 2020, imposed a restriction that still catches businesses off-guard: registered persons with a monthly taxable turnover exceeding ₹50 lakh are required to pay at least 1% of their total output tax liability for that month in cash — i.e., through the Electronic Cash Ledger — and cannot offset this 1% using Input Tax Credit. The intent was anti-evasion: prevent fake ITC-holders from offsetting 100% of their liability with fraudulent credits. The consequence is a working capital burden on legitimate high-volume businesses that have surplus ITC.
Rule 86B, CGST Rules 2017
A registered person shall not use the amount available in Electronic Credit Ledger to discharge his liability towards output tax in excess of 99% of such tax liability, in cases where the value of taxable supply other than exempt supply and zero-rated supply, in a month, exceeds ₹50 lakh.
Statutory Reference
Rule 86B: Who Is Exempt?
Exemption 1
The registered person or its promoter/karta has paid IT of ₹1 lakh or more in each of the two preceding FYs. This covers most established businesses — keep your IT assessment orders accessible.
Exemption 2
The registered person has received a refund of ₹1 lakh or more on account of export or inverted duty structure in the preceding FY. Export-heavy businesses are typically exempt.
Exemption 3
The registered person has discharged his output tax liability in cash for an amount equal to or more than 1% of the total output tax liability up to that period in the current FY through Electronic Cash Ledger.
The trap springs precisely when a company's growth pushes monthly GST output above ₹50 lakh for the first time. No advance warning; a return filed without the 1% cash suddenly becomes a non-compliant filing.
— Sami Tax GST Compliance Desk, 2024
Many businesses unknowingly file non-compliant GSTR-3B returns when Rule 86B applies to them — the GSTN portal does not always block such filings in real time, but the department's system flags these returns for scrutiny. The resulting ASMT-10 notice can trigger a demand for the shortfall plus interest from the date of the original return. With the compounding nature of interest under Section 50, this can become a meaningful amount over even one financial year.
Rule 86B Compliance Steps
- Check each month before filing GSTR-3B whether your taxable turnover exceeds ₹50 lakh — this threshold applies to the current month's supply, not annualised.
- If exempt by virtue of IT payment history, maintain an exemption file with the IT assessment orders for quick production.
- If not exempt and the rule applies: plan your cash ledger balance at least 3 working days before the GSTR-3B due date.
- If you have received a demand under Rule 86B for past returns, a voluntary payment with interest (without penalty) before an SCN is issued is almost always the most cost-effective resolution.
- Talk to us before filing a response to any Rule 86B notice.