COVID-19: Here’s How the GST Compliance Calendar Looks Like Post the Pandemic

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Pratibha Devasenapathy, Apr-22-2020

The entire world is facing a tough time coping with the noble Covid-19 virus. With governments taking several safety measures to curb the massive spread of the virus, businesses are adjusting to the evolving needs. Navigating their financial and operational challenges, several businesses are trying their best to cater to the needs of their employees, customers and stakeholders to minimise the damage caused by this pandemic. In order to make the lives of business owners a tad easier, the Indian government has taken several measures, including some relaxation to file GST returns.

Here are the revisions and waivers which would definitely help businesses to minimise the covid-19 damage.

Waiver of Interest and Late fees for GSTR-3B and GSTR-1

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:

Return Turnover Preceeding FY Tax Period Rate of Interest Late Fees Return Filing Date Remark
GSTR 3B >5Cr 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 By 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 C 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 C 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 C 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

 

SI 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

Sl. No. Date of filing GSTR 1 No. of days of delay Whether condition for waiver of late fees fulfilled Late fees
1 02-May 0 Yes Zero late fees
2 20-May 9 Yes Zero late fees
3 20-Jun 40 Yes Zero late fees
4 05-Jul 55 No Late fees for 55 days @ Rs 20 per day (NIL taxpayers) and Rs 50 per day (others)

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

Cumulative Application of condition specified in Rule 36 (4)  

  • 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
Feb-20 110 100 100
Mar-20 140 180 180
Apr-20 170 200 200
May-20 200 250 250
Jun-20 240 200 200
Jul-20 140 210 210
Aug-20 170 160 160
Sep-20 230 280 240 (Note - 1)
Total 1400 1580 1540

Note 1:

Particulars SI 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

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:

➢ 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

➢ 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:

  • Filing of refund claims and other refund related compliances which fall due between 20th March 2020 to 29th June 2020
  • Intimation for withdrawal from Composition Scheme under CMP-04 ➢ Amendment, Cancellation and Revocation of Cancellation of Registration
  • 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 ITC03 (Normal to Exemption Scheme)
  • Filing of Form ITC-04 (Intimation by principal for job work) for the period January – March 2020
  • Assessment related forms including issuance of notice, furnishing of reply, passing of order ➢ Departmental audit and Special Audit related compliances
  • Advance ruling compliances
  • Appeal provisions including filing of appeal, cross objection etc.
  • Search and seizure forms including order of seizure, bond for release of seized goods, order for release of seized goods etc.
  • 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

  • Date, when the liability to pay tax, arises in terms of the time of supply
  • Date when the composition scheme lapses due to crossing of the threshold limit of turnover
  • Provisions relating to new registration including date of liability for registration
  • Provisions for the casual taxable person and the non-resident taxable person
  • Date of issuance of tax invoice, bill of supply, receipt voucher, self-invoice, payment voucher, revised tax invoice etc.
  • Arrest provisions still applicable
  • Due date of intimation to the Commissioner by retiring partner from a partnership firm
  • Generation, validation and Verification of e-waybill (except as provided above) and Detention, seizure and release of goods and conveyance in transit

Extension of e-waybill

E-way bill expiring during

Extended upto

March 20th 2020- April 15th 2020

April 30th, 2020

Extension of due date

Form Description Class of taxpayers Period Due date
GSTR 3B Monthly return Taxpayers having an aggregate turnover of Rs 5cr in previous FY May-20 27-Jun
GSTR 3B Monthly return Note -1 May-20 12-Jul
GSTR 3B Monthly return Note -2 May-20 14-Jul
GSTR 5 Return for non-resident taxable person  All taxpayers March 2020 to May 2020 30-Jun
GSTR 6 Return for ISD All taxpayers March 2020 to May 2020 30-Jun
GSTR 7 Return for TDS All taxpayers March 2020 to May 2020 30-Jun
GSTR 8 Returns to TCS All taxpayers March 2020 to May 2020 30-Jun

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.

Information courtesy: S.Khaitan and Associates

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