Ministry of Finance through Central Board of Indirect
Taxes and Customs have notified, certain notifications vide number 30/2020 to
36/2020 dated 03rd April,2020 giving relaxation in lieu of upcoming
GST Compliances. Same are summarized below for ease of reference:
ü Notification 30/2020-CT:
|
Relaxation to Composition Taxpayers & ITC u/r 36(4)
|
ü Notification 34/2020-CT:
|
Relaxation to Composition Taxpayers in filing compliances
|
·
Extension in Due Dates related to Composition Taxpayers
Matter
|
Applicable Form
|
New
Due Date
|
Opting
for composition scheme for Financial Year 2020-2021
|
CMP-02
|
30th
June,2020
|
Payment
of Input Tax Credit on value of closing stock because of opting in composition
|
ITC-03
|
31st
July,2020
|
·
Applicability of Rule 36(4) of CGST Rules,2017
The application of Rule
36(4) in lieu of calculation of eligible & claimable Input Tax Credit shall
be done cumulatively for the months of February,2020 to September,2020 and accordingly
necessary effect shall be given while filing GSTR-3B of September,2019.
·
Extension in Due Dates related to filing of compliances
Matter
|
Applicable Form
|
New Due Date
|
Filing
of Composition Annual Return for FY 2019-2020
|
GSTR-4
|
15th July,2020
|
Payment
of Composition Tax for quarter ending 31st March,2020
|
CMP-08
|
07th July,2020
|
ü Notification 31/2020-CT:
|
Relaxation in Interest payable on delayed payment of GST
|
ü Notification 32/2020-CT:
|
Relaxation in late fees payable on delayed filing of GSTR-3B
|
- About above 2 notifications, at the outset we need to
mention that original due dates of filing of GSTR-3B has not been extended
for the months of February,20 to April,20. It is only conditional relaxation
in Interest and late fees which shall be allowed by government, only if,
GSTR-3B for the months of February,20 to April,20 are filed by the dates given
in the notification. In case GSTR-3B is not filed by given dates Interest
@ 18% shall be calculated from the original due date and late fees shall also
be calculated from the original due date. Same is summarized in the succeeding
pages:
Category
|
Applicable on
|
Relaxation
|
Conditions
|
||||||||
1. Taxpayers having aggregate turnover
more than ` 5 Cr in
previous F.Y.
|
GSTR-3B
for:
· February,20
· March,20
· April,20
|
· Interest shall be NIL, if GSTR-3B filed
within 15 days from original due date
· after 15 days interest will be charged
@9% p.a.
· Total Late fees shall be waived
|
GSTR-3B
shall be filed as per prescribed schedule below:
|
||||||||
2. Taxpayers having aggregate turnover
more than ` 1.5 Cr
and upto `5 Cr in
previous F.Y.
|
GSTR-3B
for:
· February,20
· March,20
· April,20
|
· Interest shall be NIL, if GSTR-3B is
filed within prescribed schedule
· Total Late fees shall be waived
|
GSTR-3B
shall be filed as per prescribed schedule below:
|
||||||||
3. Taxpayers having aggregate upto ` 1.5 Cr in previous F.Y.
|
GSTR-3B
for:
· February,20
· March,20
· April,20
|
· Interest shall be NIL, if GSTR-3B is
filed within prescribed schedule.
· Total Late fees shall be waive
|
GSTR-3B
shall be filed as per prescribed schedule below:
|
Furthermore,
an illustration for category 1 taxpayers’ is given below which has been
exactly picked up from Circular No. 136/06/2020-GST dated 03.04.2020. In
illustration, GSTR-3B for March,2020 is considered, wherein due date will be
20.04.2020
Date of filing GSTR-3B
|
No. of days of delay
|
Relief Eligible?
|
Interest
|
02.05.2020
|
11
|
Yes
|
Zero interest
|
20.05.2020
|
30
|
Yes
|
Zero
interest for 15 days + interest rate @9% p.a. for 15 days
|
20.06.2020
|
61
|
Yes
|
Zero
interest for 15 days + interest rate @9% p.a. for 46 days
|
24.06.2020
|
65
|
Yes
|
Zero
interest for 15 days + interest rate @9% p.a. for 50 days
|
30.06.2020
|
71
|
No
|
Interest rate @18% p.a. for 71 days (i.e. no benefit of Reduced
interest)
|
ü Notification 33/2020-CT:
|
Relaxation in late fees payable on delayed filing of GSTR-1
|
Category
|
Applicable on
|
Relaxation
|
Conditions
|
1. Taxpayers having aggregate turnover
more than ` 1.50 Cr
in previous F.Y.
(Monthly Filers)
|
GSTR-1
for:
· March,20
· April,20
· May,20
|
· Total Late fees shall be waived
|
GSTR-1
shall be filed on or before 30th June,2020
|
2. Taxpayers having aggregate upto ` 1.5 Cr in previous F.Y.
(Quarterly Filers)
|
GSTR-1
for quarter ending March,2020
|
· Total Late fees shall be waived
|
GSTR-1
shall be filed on or before 30th June,2020
|
ü Notification 35/2020-CT:
|
General Relaxation with some exceptions
|
The notification
states that wherever any time limit or due date for any sort of compliances like,
submission of reply, passing of order, issuance of notice, completion of any
proceedings, filing of appeal etc. is falling due between 20th March,2020
to 29th June,2020, then all such dates shall be extended upto 30th
June,2020. But the extension shall not apply to following: -
Exceptions
|
|
Chapter-IV
of the Act compliances
|
Time
and Value of supply
|
Section 10(3)
|
Date
on which turnover exceeds the limit prescribed under composition
|
Section-25
|
Time
limit for applying registration under the Act.
|
Section-27
|
Registration
time limit allowed to casual traders
|
Section-31
|
Time
limit for issuance of Tax invoice
|
Section-37
|
Filing
details outward supplies (because this has been separately dealt)
|
Section-47
|
Levy
of late fees (because this has been separately dealt)
|
Section-50
|
Charging
of Interest (because this has been separately dealt)
|
Section-69
|
Power
to Arrest
|
Section-90
|
Liability
of Partners of firm to pay taxes
|
Section-122
|
Levy
pf Penalties
|
Section-129
|
Detention
of Goods and Vehicles carrying the goods in transit
|
Section-39
|
Filing
of Returns, however this shall not apply to:
· GSTR-7 (Return of TDS/TCS)
· GSTR-6 (Return by Input Service
Distributor)
· GSTR-5 (Return by registered Non-resident
taxable person)
|
Section-68
|
Inspection
of Goods in movement
|
Rules
made under all the above sections
|
|
·
Extension of E-way bill validity
Further, in the same
notification, it has been stated that all the E-way bills that are expiring
between 20.03.2020 to 15.04.2020 shall be valid upto 30.04.2020.
ü Notification 36/2020-CT:
|
Extension of Due date
for GSTR-3B of May,2020
|
|
Disclaimer: The entire above stated article is squarely
based on our opinion, derived from the interpretation of the respective sections,
rules and circulars as amended and other notifications. The observations are
the personal view and the authors do not take responsibility of the same and
this cannot be quoted before any authority
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