Wednesday 8 April 2020

Extension of GST Dates due to Lockdown





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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