We are in the midst of a global pandemic as the Novel Coronavirus (COVID-19) has infected more than 1 million people across the globe. The Union Finance Minister, Government of India vide a press release dated 24.03.2020 had announced several relief measures relating to statutory and regulatory compliance matters pertaining to various matters including GST in view of COVID-19 outbreak.
There are many relief measures and extensions of deadlines for registered GST taxpayers. These relief measures and easing of compliance deadlines will enable businesses to sustain themselves in the current atmosphere.
Now, in order to give effect to the announcements made by the Union Finance Minister vide Press Release dated 24.03.2020, regarding several relief measures relating to statutory and regulatory compliance matters pertaining to Goods and Service Tax compliances, the Government has issued various notifications all dated 03.04.2020. The list of these notifications is as under:
| NOTIFICATION | PURPOSE |
| Notification No. 30 / 2020- Central Tax
|
Seeks to amend CGST Rules (Fourth Amendment) in order to allow opting Composition Scheme for FY 2020-21 till 30.06.2020 and to allow cumulative application of condition in rule 36(4)
|
| Notification No. 31 / 2020- Central Tax
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Seeks to provide relief by conditional lowering of interest rate for tax periods of February, 2020 to April, 2020
|
| Notification No. 32 / 2020- Central Tax
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Seeks to provide relief by conditional waiver of late fee for delay in furnishing returns in FORM GSTR-3B for tax periods of February, 2020 to April, 2020
|
| Notification No. 33 / 2020- Central Tax
|
Seeks to provide relief by conditional waiver of late fee for delay in furnishing outward statement in FORM GSTR-1 for tax periods of February, 2020 to April, 2020
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| Notification No. 34 / 2020- Central Tax
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Seeks to extend due date of furnishing FORM GST CMP-08 for the quarter ending March, 2020 till 07.07.2020 and filing FORM GSTR-4 for FY 2020-21 till 15.07.2020
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| Notification No. 35 / 2020- Central Tax
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Seeks to extend due date of compliance which falls during the period from “20.03.2020 to 29.06.2020” till 30.06.2020 and to extend validity of e-way bills
|
| Notification No. 36 / 2020- Central Tax
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Seeks to extend due date for furnishing FORM GSTR-3B for supply made in the month of May, 2020
|
(A) Notification No. 30 of 2020
o Time limit to file intimation (Form CMP-02) regarding opting for composition scheme (Section 10 of the CGST) for the FY 2020-21 has been extended to June 30, 2020 (generally it is filed prior to the commencement of the financial year)
o Intimation of details of stock as on the date of opting for composition shall be made on or before July 31, 2020 (generally, it is filed within a period of 60 days from the commencement of the relevant financial year)
o Proviso has been inserted in Rule 36(4) vide which it has been stated that the condition as stated in Rule 36(4) shall not apply to Input tax Credit availed by the registered persons for the months of February to August 2020 as the same apply cumulatively for these months in the return GSTR-3B for the month September 2020 with the cumulative adjustment
Our Comments – In our view assessee is entitled to claim full Input Tax Credit in respect of those supplies of goods and services for which invoices are not uploaded by the supplier(s). This would have a positive impact on the working capital to some extent
(B) Notification No. 31 and 32 of 2020
o Generally, the last date for filing GST-3B (monthly return) is 20th day of the succeeding month. Vide, Notification No. 23 / 2020 – Central Tax dated 23.03.2020, two new due dates were notified for those tax payers having turnover upto 5 Crore based on the location of the princiapal place of business
(i) Taxpayers having turnover morethan 5 Crore in the previous financial year- 20th day of the month succeeding each month
(ii) Taxpayers having turnover upto 5 Crore in the previous financial years and having principal place of business in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep – 22nd day of the month succeeding each month
(iii) Taxpayers having turnover upto 5 Crore in the previous financial years and having principal place of business in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi – 24th day of the month succeeding each month
o Also, in case of any non-compliances, i.e., not filing the statutory returns within the stipulated time period and / or non-payment of tax, the assessee is liable to pay interest on the delayed payment of GST basis the applicable rate. Further, a penalty is leviable for delay in filing of GSTR-3B
o In this regard, the Government has given relaxation in the rate of interest or nil rate (applicable to assesses having turnover upto 5 Crore) and waiver in the penalty for late fee subject to the conditions as mentioned in the notifications
o The requiste details have been tabulated hereunder for ease of reference:
| Class of registered persons
|
Tax period
|
Rate of interest
|
Late Fee
|
Condition
|
| Turnover more than INR 5 Crore in the preceding financial year
|
February 2020
March 2020 April 2020
|
For 15 days from the date (i.e., 20 of the succeeding each month) – NIL
9% p.a. after 15 days
|
NIL
|
GSTR-3B is filed on or before 24.06.2020
|
| Turnover of more than INR 1.5 Crore and up to INR 5 Crore in the preceding financial year
|
February 2020
March 2020
|
NIL
|
NIL
|
GSTR-3B is filed on or before 29.06.2020 |
| April 2020 | GSTR-3B is filed on or before 30.06.2020
|
|||
| Turnover upto INR 1.5 Crore
|
February 2020
|
NIL | NIL | GSTR-3B is filed on or before 30.06.2020
|
| March 2020 | GSTR-3B is filed on or before 03.07.2020
|
|||
| April 2020 | GSTR-3B is filed on or before 06.07.2020
|
(C) Notification No. 33 / 2020
o Generally, the last date for GSTR-1 (monthly return for reporting details of all outward supplies of goods or services made) is 11th day of the months succeeding each month except those registered tax payers who are supposed to file GSTR-1 on quarterly basis instead of monthly returns (applicable to those registered taxpayers having turnover upto INR 1.5 Crore in the preceding financial year.
o The Government has amended Notification of the No. 4/2018 –Central Tax, dated the 23.01.2018 as a new proviso has been inserted after the third proviso;
o Now, no late fee shall be payable for delayed filing of GSTR-1 return–
(i) for the period March 2020, April 2020 and May 2020 subject to the condition that GSTR-1 for these periods are filed by 30.06.2020 (applicable for those taxpayers having turnover more than INR 1.5 Crore)
(ii) for the quarter ended on 31.03.2020 subject to the condition that GSTR-1 for these periods are filed by 30.06.2020 (applicable for those taxpayers having turnover upto INR 1.5 Crore)
(D) Notification No. 34 / 2020
o Due Date for filing GST CMP-08 [Statement for payment of self-assessed tax by the composition dealer (registered tax person under Section 10 of the CGST)] has been extended to 07.07.2020 (generally, it is filed till 18th of the month succeeding such quarter)
o Due Date for filing GSTR-04 (return that must be filed by the taxpayers opting for Composition Scheme on an annual basis) has been extended to 15.07.2020 (generally, it is filed on or before the 30th day of April following the end of such financial year)
(E) Notification No. 35 / 2020
o Time limit for completion of any proceeding or passing of order or issuance of any notice, intimation, notification, sanction, approval or any such other action falling due between 20.03.2020 to 20.06.2020, by an authority, commission or tribunal extended to 30.06.2020.
o Further, time limit for filing of appeal, reply, application or furnishing of any report, document, return, statement etc. by the taxpayer shall stand extended till 30.06.2020.
o Period of validity of e-way bill, generated under Rule 138, expiring during the period 20.03.2020 to 15.04.2020 shall be deemed to be extended till 30.04.2020.
(F) Notification No. 36 / 2020
o As mentioned above that the Government has given relaxation in the rate of interest or nil rate and late fee waiver for filing of GSTR-3B for the period February 2020 to April 2020, subject to the conditions as mentioned in the respective notifications.
o In the Notification No. 31 and 32, registered taxpayers have been bifurcated into three parts based on the turnover unlike Notification No. 23 / 2020 – Central Tax dated 23.03.2020, which provides different due dates for filing of GSTR-3B on the basis of the principal place of business of the registered taxpayers (applicable to those having turnover upto INR 5 Crore)
o The Notification No. 36 / 2020 has prescribed the due dates for filing GSTR-3B for the month May, 2020, as under:
| Class of registered taxpayer | Due Date
|
|
Turnover more than INR 5 Crore in the preceding financial year
|
27.06.2020 (originally it was 20.06.2020 as per Notification No. 29/2020 – Central Tax dated 23.03.2020)
|
|
Taxpayers having turnover upto 5 Crore in the previous financial years and having principal of business in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep
|
12.07.2020 (originally it was 22.06.2020 as per Notification No. 29/2020 – Central Tax dated 23.03.2020)
|
| Taxpayers having turnover upto 5 Crore in the previous financial years and having principal of business States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi
|
14.07.2020 (originally it was 24.06.2020 as per Notification No. 29/2020 – Central Tax dated 23.03.2020)
|
Disclaimer
The above information provided by us is for general information purposes only. Although care has been taken in compiling and checking information contained in this document, however, we make no representation or warranty or any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information.
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