COVID - 19 Relief Measures
Athena
Knowledge Sharing: AKS | 2021 | 2
COVID-19 RELIEF MEASURES
CBIC has in view of the emergent situations being
faced by taxpayers on account of second wave of Covid-19, come up with certain reliefs
relating to statutory and regulatory compliance matters under various
provisions of GST Law. A brief analysis of the Notifications 09/2021 to 14/2021
dated 01.05.2021 are summarized hereunder:
1.
GSTR-3B/
GST PMT-06/ GST CMP-08 – Relief from Interest payable on delay payment of tax
and Waiver of Late fee payable on delay in filing of return under Section 47 of
CGST/SGST Act
S.No |
Tax period |
Relief / Waiver from Interest & Late Fees |
|
Taxpayers having an aggregate turnover of more than rupees 5
crores in the preceding financial year |
|||
1. |
Mar-21 |
Interest From
due date (20.04.2021) to 05.05.2021 = @ 9% From
06.05.2021 and onwards = @ 18%
Late Fee -Waived off if GSTR-3B filed on or before 05.05.2021 |
|
2. |
Apr-21 |
Interest From
due date (20.05.2021) to 04.06.2021 = @ 9%
From
05.06.2021 and onwards = @ 18%
Late Fee -Waived off if GSTR-3B filed on or before 04.06.2021 |
|
Taxpayers having
an aggregate turnover of up to rupees 5 crores in the preceding financial year who are liable to furnish monthly
return |
|||
3. |
Mar-21 |
Interest From
due date (20.04.2021) to 05.05.2021 = Nil From
06.05.2021 to 20.05.2021 = @ 9% From
21.05.2021 and onwards = @ 18%
Late Fee -Waived off if GSTR-3B filed on or before 20.05.2021 |
|
4. |
Apr-21 |
Interest From
due date (20.05.2021) to 04.06.2021 = Nil From
05.06.2021 to 19.06.2021 = @ 9% From
20.06.2021 and onwards = @ 18%
Late Fee -Waived off if GSTR-3B filed on or before 19.06.2021 |
|
Taxpayers having an aggregate turnover of up to rupees 5 crores in the preceding financial year who are liable to furnish
Quarterly return (i.e. under Quarterly return Monthly Payment Scheme) |
|||
5. |
Mar-20 |
Interest: For states having due date 22.04.2021
From
due date to 07.05.2021 = Nil From
08.05.2021 to 22.05.2021 = @ 9% From
23.05.2021 and onwards = @ 18%
Late
Fee -Waived off if GSTR-3B filed on or before 22.05.2021 |
Interest: For states having due date 24.04.2021
From
due date to 09.05.2021 = Nil From
10.05.2021 to 24.05.2021 = @ 9% From
25.05.2021 and onwards = @ 18%
Late Fee -Waived off if
GSTR-3B filed on or before 24.05.2021 |
6. |
Apr-20 |
Interest From
due date (25.05.2021) to 09.06.2021 = Nil From
10.06.2021 to 24.06.2021 = @ 9% From
25.06.2021 and onwards = @ 18% |
|
Composition Taxpayers liable
to furnish return under section 10 |
|||
7. |
Quarter ending Mar-21 |
Interest From
due date (18.04.2021) to 03.05.2021 = Nil From
04.05.2021 to 18.05.2021 = @ 9% From
19.05.2021 and onwards = @ 18%
|
2.
Extension
of Dates
S. No |
Form to be
filed |
Tax period |
Extended Date |
1. |
Form GSTR-4 |
Financial year ending March 2021 |
31.05.2021 |
2. |
Form GST ITC-04 |
For goods dispatched to a job worker or received
from a job worker, during the period from 01.01.2021 to 31.03.2021 |
31.05.2021 |
3. |
Form GSTR-1 |
April 2021 |
26.05.2021 |
4. |
Form IFF |
April 2021 |
01.05.2021 to 28.05.2021 |
3.
Restriction of Input Tax
Credit under rule 36(4) for April and May 2021
i.
The
restriction laid in sub-rule (4) of Rule 36 relating to maximum 5% of eligible
ITC that can be claimed by registered person in respect of invoices, debit
notes etc. which have not been uploaded by supplier.
ii.
The said condition shall apply cumulatively for the months
of April and May 2021 and accordingly, the return in
FORM GSTR-3B for the tax period of May 2021 shall be furnished with cumulative
adjustment of input tax credit for the said months in accordance with the
condition under rule 36(4).
4.
Extension of time limit
for certain compliances
i.
Where
any time limit for completion or compliance of any action, by any authority or
by any person, has been specified in, or prescribed or notified under CGST,
IGST and UTGST Act, which falls during the period from the 15th day of April, 2021 to the 30th day of May, 2021, and
where completion or compliance of such action has not been made within such
time, then, the time limit for completion or compliance of such action, shall
be extended upto the 31st day of May 2021, including for the purposes of-
a.
The
above extension is inclusive of completion of any proceeding or passing of any
order or issuance of any notice,
intimation, notification, sanction
or approval or such other action,
by whatever name called, by any authority, commission or tribunal; or
b.
filing
of any appeal, reply or application or furnishing of any report, document,
return, statement or such other record,
by whatever name called, under
the provisions of the CGST, IGST, UTGST Acts.
ii.
The above extension however, shall
not apply for compliance of following provisions-
a.
Chapter
IV – pertains to time and value of supply
b.
Section
10(3) – Lapse of composition scheme if
aggregate turnover exceeds limit
Section
25 – Procedure for Registration
Section
27 – Special provisions relating to
Casual Taxable Person and Non Resident Taxable Person
Section 31 – Issue of Invoice
Section
37 – Furnishing details of outward supplies
(GSTR-1)
Section
47 – Levy of Late Fee
Section
50 – Interest on delayed payment of tax
Section
69 – Power to arrest
Section
90 – Liability of partners of firm to pay
tax
Section
122 – Penalty for certain offences
Section
129 – Detention, seizure and release of
goods and conveyances in transit
c.
Section
39 - Furnishing of returns, except
returns under:
i.
S.
39(3) – Return for Tax Deducted at Source u/s
51
ii.
S.
39 (4) – Return for Input Service Distributor
iii.
S.
39 (5) – Non-Resident Taxable Person
d.
Section
68 in so far as e-way bill is concerned - Inspection
of goods in movement
e.
Rules
made under the provisions specified at clause (a) to (d) above
iii.
Rule
9 provides complete procedure for verification of registration application and approval.
Any action to be taken by the department
or applicant during the period from 1st day of May, 2021 to the 31st day of
May, 2021 shall be extended upto the 15th day of June, 2021. [Food
for thought: For instance, Delhi GST department is working from home since 17th
April – What will be the position of registration application for which action
to be taken by the department during 17th April to 30th
April.]
iv.
in
cases where a notice has been issued for rejection of refund claim (in full or
in part) and where the time limit for issuance of refund sanction/rejection order
in RFD-06 falls during the period from the 15th day of April, 2021 to the
30th day of May, 2021, in such cases the time limit for issuance of the
said order shall be extended to fifteen days after the receipt of reply
to the notice from the registered person or the 31st day of May, 2021,
whichever is later.
By: Adv. (CA) Pawan
Arora
Partner, Athena Law
Associates
88000 91636, pawan@athenalawassociates.com