Discover the key highlights of the GST amnesty schemes issued on March 31, 2023. Gain insights into waived late fees, revocation of cancellations, and withdrawal of assessment orders, ensuring comprehensive compliance.
Various notification has been by issued by CBIC on 31st March 2023 which provides big relief to the register person. All the notifications are summarized below for easy reference.
List of notification given below.
Notification No. 02/2023 – Central Tax dated: 31/03/2023
Notification No. 04/2023 – Central Tax dated: 31/03/2023
Notification No. 05/2023 – Central Tax dated: 31/03/2023
Notification No. 06/2023 – Central Tax dated: 31/03/2023
Notification No. 07/2023 – Central Tax dated: 31/03/2023
Notification No. 08/2023 – Central Tax dated: 31/03/2023
Notification No. 09/2023 – Central Tax dated: 31/03/2023
| Sr. No. | Heading | Particulars | Notification no. (dated 31/03/23) | |
| 1 | Amnesty for Composition Dealer- Late Fees for Filing GSTR-4 | Waiver of late fee for the registered persons who fail to furnish the return in Form GSTR-4 for the quarters from July, 2017 to March 2019 or for the Financial years from 2019-20 to 2021-22.
If Tax is payable in the returns is NIL – No late fee. Condition- The above benefit is available if the register person furnish the said return between the period from the 1st April, 2023 to 30th June,2023. |
Notification No. 02/2023 – Central Tax | |
| 2 | Amnesty for Revocation of Cancellation of registration | If the registration has been cancelled u/s 29(2)(b) or 29(2)(b) [i.e. Non-filing of returns] of CGST Act on or before the 31st December, 2022 and register person has failed to apply for revocation of cancellation of registration within the time period specified in section 30 [i.e. 30 days from the date of service of cancellation order].
The CBIC has given one-time opportunity to the register person. The registered person may apply for revocation of cancellation of such registration up to the 30th June, 2023; on fulfilment of following conditions: (a) the application for revocation shall be filed only after furnishing the returns due up to the effective date of cancellation of registration and after payment of any amount due as tax, in terms of such returns, along with any amount payable towards interest, penalty and late fee in respect of the such returns; (b) no further extension of time period for filing application for revocation of cancellation of registration shall be available in such cases. |
Notification No. 03/2023 – Central Tax | |
| 3 | Amnesty for Revocation of Cancellation of registration | Substitute sab rule 4A of rule 8 of CGST Rule 2017 New sab rule ―(4A) Where an applicant, other than a person notified under sub-section (6D) of section 25, opts for authentication of Aadhaar number, he shall, while submitting the application under sub-rule (4), undergo authentication of Aadhaar number and the date of submission of the application in such cases shall be the date of authentication of the Aadhaar number, or fifteen days from the submission of the application in Part B of FORM GST REG-01 under sub-rule (4), whichever is earlier.Provided that every application made under sub-rule (4) by a person, other than a person notified under sub-section (6D) of section 25, who has opted for authentication of Aadhaar number and is identified on the common portal, based on data analysis and risk parameters, shall be followed by biometric-based Aadhaar authentication and taking photograph of the applicant where the applicant is an individual or of such individuals in relation to the applicant as notified under sub-section (6C) of section 25 where the applicant is not an individual, along with the verification of the original copy of the documents uploaded with the application in FORM GST REG-01 at one of the Facilitation Centres notified by the Commissioner for the purpose of this sub-rule and the application shall be deemed to be complete only after completion of the process laid down under this proviso. |
Notification No. 04/2023 – Central Tax | |
| 4 | Amnesty for Revocation of Cancellation of registration | Compulsory biometric-based Adhaar authentication and risk-based physical verification of GST Registration in Gujrat State. | Notification No. 05/2023 – Central Tax | |
| 5 | Amnesty provided for withdrawal of Assessment order for Non- Filers of Form GSTR-3B or Form GSTR-10 | Register person who failed to furnish a valid return within a period of thirty days from the service of the assessment order issued on or before the 28th February, 2023 u/s 62(1).
The said assessment order shall be deemed to have been withdrawn, if such registered persons registered persons shall furnish the said return on or before the 30th June 2023 along with payment of interest due u/s 50(1) and the late fee payable u/s 47.
Irrespective of whether or not an appeal had been filed against such assessment order under section 107 of the CGST Act or whether or not the appeal has been decided. |
Notification No. 06/2023 – Central Tax | |
| 6 | Waived of Late fees who failed to furnish Final return Form GSTR-10 | If the register person has failed to furnish Final Return in Form GSTR-10, then Maximum late fee would be INR 500/- as CGST and SGST each. If the said return would be file between 1st April 2023 to 30th June 2023. | Notification No. 08/2023 – Central Tax | |
| 7 | Extend time limit for Order u/s 73(9) | The CBIC vide Notification No. 09/2023 – Central Tax dated 31st March 2023 once again has extended the Time Limit u/s 73(10) for issuance of Order u/s 73(9) for recovery tax short paid or not paid or ITC wrongly availed or utilised.
FY 2017-18, Up to 31st Dec, 2023 [Existing 30th Sep, 2023] In short, the CBIC has extended 3 months to issue order under 73(9) for FY 2017-18, FY 2018-19 and FY 2019-20. |
Notification No. 09/2023 – Central Tax | |
| Amnesty cum late fees reduction for Annual return for Form GSTR-9 (FY 2022-23 onwards)- Notification No. 07/2023 – Central Tax | ||||
| Aggregate Turnover in FY | Late Fee | |||
| Up to 5 Crore | INR. 25/- per day as CGST and SGST each, Maximum 0.04 (0.02+0.02) of Turnover is the state. | |||
| More than 5 Crore Up to 20 Crore. | INR. 50/- per day as CGST and SGST each, Maximum 0.04 (0.02+0.02) of Turnover is the state. | |||
| More than 20 Crore. | INR. 100/- per day as CGST and SGST each, Maximum 0.04 (0.02+0.02) of Turnover is the state. | |||
| Amnesty for FY 2017-18 to FY 2021-22. | ||||
| Maximum late fee restricted to INR. 20,000/- if return is filed between 1st April 2023 to 30th June 2023 | ||||
Author Bio
THE SCHEME IS VERY GOOD SAVER OF PENALTY AND SAVE THE MONEY IN BUSINESS