1.
Notification No. 38/2020 – Central Tax, dated 5th May, 2020
Central Goods and Services Tax (Fifth Amendment) Rules, 2020
1.1. Facility provided to the Registered person under Companies Act
The government has inserted proviso
to Rule 26(1) of CGST Rules, 2017, w.e.f 21st day
of April 2020 to provide
the facility to the registered persons registered under Companies
Act i.e. (Directors of the companies), who did not have EVC earlier to provide the facility
to furnish the return under Section 39 (FORM GSTR-3B)
through EVC, during
the period from 21st day of
April 2020 to 30.06.2020.
1.2.
Facility provided to the Nil
return filers
Rule 67A has been introduced in CGST Rules, 2017 to
provide the facility of furnishing of return by SMS facility. The government by
insertion of Rule 67A, w.e.f 05.05.2020, has provided facility to the Nil
return filers to furnish the return by way of messaging service facility by
their registered mobile number and that Nil return will be verified by the OTP
facility.
2.
Notification No. 39/2020 –
Central Tax, dated 5th May, 2020
Amendment in the Notification no. 11/2020-CT, dated 21st March 2020
2.1.
Clarification about the
Corporate Debtors
The persons who have filed statement under Section 37
i.e. GSTR-1 and return under section 39 i.e. GSTR-3B, for all tax period prior
to appointment of IRP/RP, shall not be taken as Corporate Debtors.
2.2. Date of new registration to be taken by IRP/RP has been extended
Date of new registration to be taken by IRP/RP in each
State or Union Territory where Corporate Debtors was registered earlier, has
been extended till 30.06.2020.
3.
Notification No.
40/2020-Central Tax, Dated 5th May, 2020
Amendment in Notification No. 35/2020-Central Tax, dated 03.04.2020
3.1.
Extension of validity of E-way bill
The validity of E-way bill has been extended till 31st May 2020 if it has been issued
on or before 24th March and its validity period expired during 20th
March 2020 to 15th April 2020.
4.
Notification No.
41/2020-Central Tax, Dated 5th May, 2020
Supersession of Notification No. 15/2020-Central Tax, dated 23rd
March 2020.
4.1.
Extension of date of filing of
Annual Return
In Notification No.15/2020-CT it was stated that annual
return specified under section 44 of CGST Act read with rule 80 of CGST Rules,
can be filed electronically through
the
common portal, for the financial year 2018-2019 till 30.06.2020. Whereas
this notification has been
superseded by Notification no. 41/2020 which states that Annual return can be
filed till 30th September 2020 for the financial year 2018-19.
5.
Notification No.
42/2020-Central Tax, dated 5th May, 2020
Amendment in Notification no. 44/2019-Central Tax, dated 9th October
2019.
Extension of date of filing of Form GSTR-3B for the
Registered person whose principal place of business is in Ladakh
There is no change in the date of filing
of form GSTR-3B for the persons whose
principal place of business is in Union Territory of Jammu and Kashmir
i.e. they have to file form GSTR-3B for the month of Nov 2019 to Feb 2019 on or
before 24th March 2020. Whereas the person whose principal place of business is
in Ladakh they have to file Form GSTR-3B for the month of Nov 2019 to Dec 2019
on or before 24th March 2020 and for the month of Jan 2020 to Feb 2020 till
20th May 2020.
6.
Notification no.
30/2020-Central Tax, dated 03.04.2020
CGST(Fourth Amendment) Rules 2020,
6.1.
Relief in filing of CMP-02
The Government by way of insertion of Proviso to Rule
3(3) has granted relief to the Composition taxpayer for the financial year
2020-21, as they can file Form GST CMP- 02, till 30.06.2020 otherwise they were
required to file Form GST CMP-02 prior to the commencement of financial year
i.e. by 31st of March and shall furnish the statement of reversal of input tax
credit for goods sent to Job worker by 31st day July
2020.
6.2. Cumulative input tax credit
The Government by way of insertion of Proviso to Ruel 36(4) has provided
that available input tax credit shall be calculated collectively for the month February, March, April, May, June, July and August and in
September 2020 return Form GSTR-3B such cumulative input tax credit can be claimed
by the tax payer as per Rule 36(4) i.e. 10 per cent of the
eligible credit available in respect of invoices or debit notes the details of
which have been uploaded by the suppliers.
7.
Notification no. 31/2020 –
Central Tax, dated 03.04.2020 and Notification no. 32/2020 – Central Tax, dated 03.04.2020
For
Form GSTR – 3B filing date and rate of interest in case of delay and waiver of
late fees payable has been prescribed as under:
|
S.No. |
Class of Registered Person and Rate of Interest and
waiver of late fees payable under Section 47 |
Month for which GSTR 3B is to be filed |
Waiver of interest |
Waiver of late fee |
|
1. |
Taxpayers having an aggregate turnover less than or up to rupees 1.5 crores |
February 2020 |
No interest if
the return is filed on or before 30.06.2020 |
Late fees waived if return is filed on or before the 30.06.2020 |
|
|
|
March
2020 |
No interest if the return
for March 2020 is filed on or
before 3rd day of July 2020 |
Late fees waived if return is furnished on or
before the 03.07.2020 |
|
April
2020, |
No interest if the return for is filed
on or before 06.07.2020 |
Late fees waived if return is furnished on or
before the 06.07.2020 |
||
|
2. |
Taxpayers
having an aggregate turnover of more
than rupees 1.5 crores and up to rupees 5 crores in the preceding FY |
February
and March 2020 |
No interest if the return
is filed on or before the 29.06.2020 |
No Late fees if the return is filed on or before 29.06.2020 |
|
April
2020 |
No interest if the return
is filed on or before the 30.06.2020 |
If return is
filed on or before the 30.06.2020 |
||
|
3. |
Taxpayers
having an aggregate turnover of more
than rupees 5 crores in the preceding FY |
February, March, April 2020 |
Interest shall
be nil for the first 15 days from the due date and 9%
thereafter if the return for the month is filed on or before 24.06.2020 |
No late fees if return is furnished on or before the
24.06.2020 |
8.
Notification no. 33/2020 –
Central Tax, dated 03.04.2020
In this Notification Government has provided
for the waiver
of late fees payable under
Section 47 for the months of March, 2020, April, 2020 and May, 2020, and for the quarter ending
31st March, 2020, for the registered persons who fail to furnish the
details of outward supplies for the said periods in FORM GSTR-1 by the due
date, but furnishes the said details in FORM GSTR-1, on or before the 30.06.2020.
9.
Notification no. 34/2020 – Central
Tax, dated 03.04.2020
9.1. For the Composition tax payer who has to file Form GST CMP-08
quarterly i.e. on 31st day of March 2020,
relief has been granted to file the form GST CMP-08 till 7th day
of July, 2020
9.2. The composition tax payer shall file his yearly statement
in Form GSTR-04 till 30th
April, but for this year relief
has been granted
to him to file the Form GSTR-04
for the financial year ending 31st March, 2020, till the 15th day of
July, 2020.
10. Notification no. 35/2020 – Central Tax, dated 03.04.2020
10.1. Extension of time limit of E-way bill till 30th day of April
2020, for the e-way bill the validity of which was expiring
during the period
20th day of March, 2020 to 15th
day of April
2020.
11. Extension of all timelines during the COVID period
|
Extension of Time |
Activities in which relief has been granted |
Activities in which relief has not been granted |
|
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 the said Act, which falls during the
period from the 20.03.2020 to the 29.06.2020, 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 30.06.2020 |
(a)
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, by whatever name
called, under the provisions of the Acts stated above; 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 Acts stated above; |
(a) Chapter IV; (b)
sub-section (3) of section 10, sections 25, 27, 31, 37, 47, 50, 69, 90, 122, 129; (c) section 39, except sub-
section (3), (4) and (5); (d) section 68, in so far as e- way bill is concerned; and (e) rules made under the
provisions specified at clause (a)
to (d) above; |
12. Notification no. 36/2020 –
Central Tax, dated 03.04.2020
Amendment
in the notification no. 29/2020-Central Tax, dated 23rd March
2020, whereby extension of due date of filing GSTR 3B for the month of May 2020
is granted as under:
|
Turnover of the registered Person |
Principal Place of
Business |
Due date of filing of Return |
|
Taxpayers
having an aggregate turnover of more
than rupees 5 crore rupees in the previous financial year |
|
On or before the 27.06.2020 |
|
Taxpayers
having an aggregate turnover upto rupees
5 crore rupees in the previous financial year, |
Is 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 |
On or before the 12.07.2020 |
|
Taxpayers
having an aggregate turnover upto rupees
5 crore rupees in the previous financial year, |
Is 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 |
On or before the 14.07.2020 |
13.
Notification no. 37/2020 –
Central Tax, dated 28th April 2020
It states that the Amendments in rules prescribed vide CGST(Fourth Amendment) Rules 2019,
Notification no. 31/2019 – Central Tax, dated 28th June 2019,
shall come into force on 21st April, 2020.
Circular released in April 2020
1.
Circular No. 136/06/2020-GST, dated 3rd April, 2020
Clarification
in respect of various measures announced by the Government for providing relief
to the taxpayers in view of spread of Novel Corona Virus (COVID-19)
2.
Issue
Clarification
An advance is
received by a supplier for a Service contract which subsequently got
cancelled. The supplier has issued
the invoice before supply of service and paid the GST thereon. Whether he can claim refund of tax paid
or is he required to adjust his tax liability in his returns?
·
the supplier is required
to issue a “credit note” in terms of section 34 of the CGST Act. He shall
declare the details of such credit notes in the return for the month
during which such credit note has been issued. The tax liability shall be
adjusted in the return subject to conditions of section 34 of the CGST
Act.
·
There is
no need to
file a separate refund claim
·
where there is no output
liability against which a credit note can be adjusted, registered persons
may proceed to file a claim under “Excess payment of tax, if
any” through FORM GST RFD-01
Advance received by a supplier for which no
supplies has been made, however the supplier has
paid GST on
the receipt
In
case GST is
paid by the
supplier on
advances received for an event which got cancelled subsequently and
for which no
Circular No. 137/07/2020-GST, dated 13th April,
2020 Clarification w.r.t Refund
|
|
voucher
issued by him. Whether he can claim refund of tax paid on advance or he is
required to adjust his tax liability in his returns? |
invoice has
been issued in terms of section 31 (2) of the CGST Act, he is required to
issue a “refund voucher” in terms of section 31 (3) (e) of the CGST Act read
with rule 51 of the CGST Rules.
The taxpayer can apply for refund
of GST paid on such
advances by filing FORM
GST
RFD-01 under
the category Refund of excess
payment of tax”. |
|
Goods supplied by a
supplier under cover of a tax invoice are returned by the recipient. Whether he can claim refund of tax
paid or is he required to adjust his tax liability in his returns? |
the supplier
is required to issue a “credit note” in terms of section 34 of the CGST Act.
He shall declare the details of such credit notes in the return for the month
during which such credit note has been issued. The tax liability shall be
adjusted in the return subject to conditions of section 34 of the CGST Act. There is no need to
file a separate refund claim in such a case. However, in cases where there is
no output liability against which a credit note can be adjusted, registered
persons may proceed to file a claim
under “Excess payment
of tax, if any” through FORM
GST RFD-01. |
|
Letter of Undertaking (LUT)
furnished for the purposes of zero rated supplies as
per provisions of section 16 of the Integrated Goods and Services Tax Act, 2017 read with rule 96A of the CGST Rules has
expired on 31.03.2020. Whether
a registered person can still make a zero-rated supply on such LUT and claim
refund accordingly or does he have to make such supplies on payment
of IGST and
claim refund of such IGST ? |
In terms of
notification No. 35/2020 Central Tax dated 03.04.2020, where the requirement
under the GST Law for furnishing of any report, document, return, statement
or such other record
falls during between the period
from 20.03.2020 to 29.06.2020, has been extended
till 30.06.2020. Therefore, in
terms of Notification No. 35/2020-Central Tax, time limit for filing of LUT
for the year 2020-21 shall stand extended to 30.06.2020 and the taxpayer can
continue to make the supply without payment of tax under LUT provided that the FORM GST
RFD-11 for 2020-21 is furnished on
or before 30.06.2020. Taxpayers may quote the reference no. of the LUT for the year 2019-20
in the relevant documents |
|
Whether
the date of deposit of tax deducted at source, has also been extended vide
notification No. 35/2020-Central Tax dated 03.04.2020? |
As per
notification No. 35/2020-Central Tax dated
03.04.2020, where the
timeline for any compliance required as per sub-section
(3) of section 39 and section 51 of the Central Goods and Services Tax Act,
2017 falls during the period from 20.03.2020 to 29.06.2020, the
same has been
extended till 30.06.2020. |
|
|
Accordingly,
the due date for furnishing of return in FORM GSTR-7 along with deposit of
tax deducted for the said period has also been extended till 30.06.2020 and
no interest under section 50 shall be leviable if tax deducted is deposited by 30.06.2020. |
|
As per
section 54 (1),
a person is required to make an application before expiry of
two years from the relevant date. If
in a particular case, date for making an application for refund expires on 31.03.2020, can
such person make an application for refund before 29.07.2020? |
As per
notification No. 35/2020-Central Tax dated
03.04.2020, where the
timeline for any compliance required as per
sub-section (1) of section 54 of the Central Goods and Services Tax Act, 2017
falls during the period from 20.03.2020 to 29.06.2020, the same has been
extended till 30.06.2020. Accordingly, the due date for filing an application
for refund falling during the said period has also been extended till 30.06.2020. |
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