Waiver of Interest and Late fees for GSTR-3B and GSTR-1
RETURN
|
TURNOVER PRECEDING FY
|
TAX PERIOD
|
RATE OF INTEREST
|
LATE FEES
|
RETURN FILING DATE
|
REMARK
|
GSTR-3B
|
>5 CR
|
Feb-20
|
NIL
|
NIL
|
BY 04/04/2020
|
|
9%
|
NIL
|
FROM 05/04/2020
TO 24/06/2020
|
Interest applicable
from 05/04/2020
|
|||
18%
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 24/06/2020
|
Interest and late fees
applicable
from 20/03/2020
|
|||
GSTR-3B
|
>5 CR
|
Mar-20
|
NIL
|
NIL
|
05/05/2020
|
|
9%
|
NIL
|
FROM 05/05/2020
TO 24/06/2020
|
Interest applicable
from 05/05/2020
|
|||
18%
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 24/06/2020
|
Interest and late
fees applicable from 20/04/2020
|
|||
GSTR-3B
|
>5 CR
|
Apr-20
|
NIL
|
NIL
|
BY 04/06/2020
|
|
9%
|
NIL
|
FROM 04/06/2020
TO 24/06/2020
|
Interest applicable
from 04/06/2020
|
|||
18%
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 24/06/2020
|
Interest and late fees
applicable
from 20/05/2020
|
|||
GSTR-3B
|
> 1.5 CR TO <=5 CR
|
Feb-20
|
NIL
|
NIL
|
BY 29/06/2020
|
|
18%
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 29/06/2020
|
Interest and late
fees applicable from 20/03/2020
|
|||
GSTR-3B
|
> 1.5 CR TO <=5 CR
|
Mar-20
|
NIL
|
NIL
|
BY 29/06/2020
|
|
18%
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 29/06/2020
|
Interest and late
fees applicable from 20/04/2020
|
|||
GSTR-3B
|
> 1.5 CR TO <=5 CR
|
Apr-20
|
NIL
|
NIL
|
BY 30/06/2020
|
|
18%
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 30/06/2020
|
Interest and late fees
applicable
from 20/05/2020
|
|||
GSTR-3B
|
<=1.5 CR
|
Feb-20
|
NIL
|
NIL
|
BY 30/06/2020
|
|
18%
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 30/06/2020
|
Interest and late
fees applicable from 30/06/2020
|
|||
GSTR-3B
|
<=1.5 CR
|
Mar-20
|
NIL
|
NIL
|
BY 03/07/2020
|
|
18%
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 03/07/2020
|
Interest and late
fees applicable from 03/07/2020
|
|||
GSTR-3B
|
<=1.5 CR
|
Apr-20
|
NIL
|
NIL
|
BY 06/07/2020
|
|
18%
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 06/07/2020
|
Interest and late fees
applicable
from 06/07/2020
|
|||
GSTR-1
|
NA
|
Mar-20
|
NA
|
NIL
|
BY 30/06/2020
|
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 30/06/2020
|
Late fees applicable from
30/06/2020
|
||||
GSTR-1
|
NA
|
Apr-20
|
NA
|
NIL
|
BY 30/06/2020
|
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 30/06/2020
|
Late fees applicable from
30/06/2020
|
||||
GSTR-1
|
NA
|
May-20
|
NA
|
NIL
|
BY 30/06/2020
|
|
Rs. 20 / 50 (CGST+SGST)
|
AFTER 30/06/2020
|
Late fees applicable from
30/06/2020
|
Illustration: Calculation of interest and late fees for
delayed filing of return for the month of March, 2020 (due date of filing being
20.04.2020) may be illustrated as per the below Table:
Sl
No.
|
Date of Filing GSTR 3B
|
No. of days of delay
|
Whether condition for reduced
interest is fulfilled
|
Interest
and Late Fees
|
1
|
02.05.2020
|
11
|
Yes
|
Zero
interest and late fees
|
2
|
20.05.2020
|
30
|
Yes
|
Zero
late fees + zero interest for 15 days + interest rate @9% p.a. for
15 days
|
3
|
20.06.2020
|
61
|
Yes
|
Zero late fees + interest for 15 days + interest rate
@9% p.a. for 46 days
|
4
|
24.06.2020
|
65
|
Yes
|
Zero late fees + interest for 15 days + interest rate
@9% p.a. for 50 days
|
5
|
30.06.2020
|
71
|
NO
|
Full
late fees and Interest rate @18% p.a. for 71 days (i.e. no benefit of reduced
interest)
|
Illustration: Calculation of interest and late fees for
delayed filing of return for the month of April 2020 (due date of filing being
11.05.2020) may be illustrated as per the below Table:
Sl No.
|
Date of Filing GSTR 1
|
No. of days of
delay
|
Whether condition for waiver of late
fees fulfilled?
|
Late
Fees
|
1
|
02.05.2020
|
-
|
Yes
|
Zero late fees
|
2
|
20.05.2020
|
9
|
Yes
|
Zero late fees
|
3
|
20.06.2020
|
40
|
Yes
|
Zero late fees
|
4
|
05.07.2020
|
55
|
NO
|
Late
Fees for 55 days @ Rs. 20 per day (NIL taxpayers) and Rs. 50 per day (others)
|
(Notification
No. 31/2020 -CT dt. 03.04.2020) (Notification No. 32/2020 -CT dt. 03.04.2020)
(Notification No. 33/2020 -CT dt. 03.04.2020)
Extension of time limit for filing various
return for Composition dealers
PERIOD
|
RETURN
|
NATURE OF
RETURN
|
EARLIER DUE
DATE
|
EXTENDED DUE
DATE
|
Jan to
Mar-20
|
GST CMP-08
|
Quarterly
statement
|
18/04/2020
|
07/07/2020
|
Apr-19 to
Mar-20
|
GSTR-4
|
Annual
Statement
|
30/04/2020
|
15/07/2020
|
FY 2020-2021
|
GST CMP-02
|
Intimation
to opt for Composition
Scheme
|
On or before 31/03/2020
|
30/06/2020
|
|
GST ITC-03
|
Reversal of ITC
in stock
|
On or before
31/05/2020
|
31/07/2020
|
(Notification No.
30/2020 -CT dt. 03.04.2020) (Notification No. 34/2020 -CT dt. 03.04.2020)
Cumulative
Application of condition specified in Rule 36 (4)
Ø Rule 36(4) of the CGST Act, 2017, restricts availment of ITC to 110% of the ITC reflected
in GSTR-2A. With the extensions in GSTR-1 dates, government has provided that
the said restriction shall apply cumulatively for the period February ’20 to
August ’20 in GSTR-3B of September’20.
Example:
Period
|
ITC as per GSTR 2A
|
ITC as per Books
|
ITC allowed as per GSTR 3B
|
February 2020
|
110
|
100
|
100
|
March 2020
|
140
|
180
|
180
|
April 2020
|
170
|
200
|
200
|
May 2020
|
200
|
250
|
250
|
June 2020
|
240
|
200
|
200
|
July 2020
|
140
|
210
|
210
|
August 2020
|
170
|
160
|
160
|
September 2020
|
230
|
280
|
240 (Note - 1)
|
Total
|
1400
|
1580
|
1540
|
Note 1:
Particulars
|
Sl No.
|
Amount
|
ITC as per GSTR 2A for Feb – Sept
2020
|
A
|
1400
|
110% of the eligible ITC for Feb –
Sept 2020
|
B
|
1540
|
ITC taken in GSTR 3B from Feb – Aug
2020
|
C
|
1300
|
Maximum
ITC allowed to be taken in Sept 2020
|
D = B – C
|
240
|
ITC as per Books in GSTR 3B in Sept
2020
|
E
|
280
|
ITC to be availed in Sept 2020
|
F = min (D, E)
|
240
|
(Notification No. 30/2020 -CT dt. 03.04.2020)
Due date of other compliances
extended to 30th June 2020
Where the time limit of any of the following actions fall
between 20th March 2020 to 29th June 2020, the due date of the same would get
extended to 30th June 2020:
Ø Due date for completion of any proceeding or passing of any
order or issuance of any notice, intimation, notification, sanction or approval
or such other action by any authority, commission or tribunal, under the
provisions of the Acts
Ø 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 Acts stated above;
The above extension includes but is not limited to:
Ø Filing of refund claims and other refund related compliances
which fall due between 20th March 2020 to
29th June
2020
Ø Intimation
for withdrawal from Composition Scheme under
CMP-04
Ø Amendment,
Cancellation and Revocation of Cancellation of Registration
Ø Filing of Form ITC-01 (Exemption / Composition to Normal
Scheme/ITC upon new registration), Form ITC-02 (Transfer of ITC upon transfer
of business) and Form ITC- 03 (Normal to Exemption Scheme)
Ø
Filing of Form ITC-04 (Intimation by
principal for job work) for the period January
–
March 2020
Ø Assessment related forms including issuance of notice,
furnishing of reply, passing of order
Ø
Departmental audit and Special Audit
related compliances
Ø Advance
ruling compliances
Ø Appeal
provisions including filing of appeal, cross objection etc.
Ø Search and seizure forms including order of seizure, bond for
release of seized goods, order for
release of seized goods etc.
Ø Demand and recovery forms including issuance of show cause
notice, reply to show cause notice, passing of order, payment of demand under
the order etc.
Due dates
which have not been extended
Ø Date
when liability to pay tax arises in terms of time of supply
Ø Date when the composition scheme
lapses due to crossing of the threshold limit of turnover
Ø
Provisions relating to new
registration including date of liability for
registration
Ø Provisions
for casual taxable person and non-resident taxable person
Ø Date of issuance of tax invoice, bill of supply, receipt
voucher, self-invoice, payment voucher, revised tax invoice etc.
Ø
Arrest provisions still applicable
Ø Due date of intimation to the Commissioner by retiring partner
from a partnership firm
Ø Generation, validation and Verification of e-waybill (except as
provided above) and Detention, seizure and release of goods and conveyance in transit
(Notification No. 35/2020 -CT dt. 03.04.2020)
Extension of e-waybill
E-waybill expiring during
|
Extended upto
|
20th March
2020 – 15th April
2020
|
30th April
2020
|
(Notification
No. 35/2020 -CT dt. 03.04.2020)
Extension
of Due date
Form
|
Description
|
Class of
Taxpayers
|
Period
|
Due date
|
GSTR 3B
|
Monthly return
|
Taxpayers
having an
aggregate
turnover of > Rs. 5 cr in the previous FY
|
May-20
|
27th June 2020
|
GSTR 3B
|
Monthly return
|
Note – 1
|
May-20
|
12th July 2020
|
GSTR 3B
|
Monthly return
|
Note – 2
|
May-20
|
14th July 2020
|
GSTR 5
|
Return for non- resident taxable person
|
All taxpayers
|
Mar-20 to May-20
|
30th June 2020
|
GSTR 6
|
Return for ISD
|
All taxpayers
|
Mar-20 to May-20
|
30th June 2020
|
GSTR 7
|
Return for TDS
|
All taxpayers
|
Mar-20 to May-20
|
30th June 2020
|
GSTR 8
|
Return for TCS
|
All taxpayers
|
Mar-20 to May-20
|
30th June 2020
|
Note 1: Taxpayers having an
aggregate turnover of less than Rs. 5 cr in the previous FY and having their
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.
Note 2: Taxpayers having an
aggregate turnover of less than Rs. 5 cr in the previous FY and having their
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.
(Notification No.
35/2020 -CT dt. 03.04.2020) (Notification No. 36/2020 -CT dt. 03.04.2020)
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