Relief in rate of interest & Waiver of Late Fee for filing GSTR-3B and statement in Form CMP-08 by the composition tax payers : (Notification No.08/2021-Central Tax & Notification No. 09/2021-Central Tax dated 01.05.2021)

Aggregate Turnover Tax Period For 1st 15 days For next 15 days Thereafter Late Fee waiver from due date
More than INR 5 crores March & April, 2021 9% 18% 18% 15 days
Upto INR 5 Crores March & April, 2021 Nil 9% 18% 30 days
Upto 1NR 5 Crores – Quarterly filers March & April, 2021 Nil 9% 18% 30 days [For the period January-March, 2021]
Return under Composition Scheme Quarter ending March, 2021 Nil 9% 18% Nil

For Turnover > 5 Crores in preceding FY in case of GSTR 3B Return.

Returns Due Date Interest @ 9% Late Fees @ NIL
From To From To
Mar-2021 20.04.2021 21.04.2021 05.05.2021* 21.04.2021 05.05.2021
Apr-2021 20.05.2021 21.05.2021 04.06.2021* 21.05.2021 04.06.2021

* 18 % thereafter and also please make a Note: Interest will be charged in staggered manner wherever applicable. If return not filed within due dates, then late fees @ Rs. 50/- (Nil Return: Rs. 20/-) per day will be applicable from the next day after the due date as may be prescribed/specified.

For Turnover < 5 Crores in Preceding FY in case of GSTR 3B Return (Category A States)

Tax payer
Mo-nths
Due Date
Interest @ NIL
Interest @ 9%
Late Fees @NIL
From
To
From
To
From
To
Monthly
Mar-2021
20.04.2021
21.04.2021
05.05.2021
06.05.2021
20.05.2021*
21.04.2021
20.05.2021
Apr-2021
20.05.2021
21.05.2021
04.06.2021
05.06.2021
19.06.2021*
21.05.2021
19.06.2021
Quarterly
Mar-2021
22.04.2021
23.04.2021
07.05.2021
08.05.2021
22.05.2021*
23.04.2021
22.05.2021
Apr-2021
(PMT 08)
25.05.2021
26.05.2021
09.06.2021
10.06.2021
24.06.2021*
N.A.

*thereafter 18% and Category A: 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

For Turnover < 5 Crores in Preceding FY in case of GSTR 3B Return (Category B States)

Taxpayer
Months
Due Date
Interest @ NIL
Interest @ 9%
Late Fees @NIL
From
To
From
To
From
To
Monthly
Mar-2021
20.04.2021
21.04.2021
05.05.2021
06.05.2021
20.05.2021
*
21.04.2021
20.05.2021
Apr-2021
20.05.2021
21.05.2021
04.06.2021
05.06.2021
19.06.2021*
21.05.2021
19.06.2021
Quarterly
Mar-2021
24.04.2021
25.04.2021
09.05.2021
10.05.2021
24.05.2021*
25.04.2021
24.05.2021
Apr-2021
(PMT08)
25.05.2021
26.05.2021
09.06.2021
10.06.2021
24.06.2021*
N.A.

*thereafter 18% and Category B: 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 J&K, Ladakh, Chandigarh or Delhi.

Relaxations to Composition Taxpayers

Form Frequency Due Date Interest @ NIL Interest @ 9%
From To From To
CMP-08 (Self assessed tax) Quarterly
(Mar-2021)
18.04.2021 19.04.2021 03.05.2021 04.05.2021 18.05.2021*

*thereafter 18%

Due date of filing GSTR-4: (Notification No. 10/2021)

The due date for furnishing return in Form GSTR-4 (Composition Tax payers) for the financial year ending 31st March,2021 has been extended from 30th April, 2021 to 31st May, 2021.

Due date of filing ITC-04: (Notification No. 11/2021)

The due date for furnishing the declaration in FORM GST ITC-04, in respect of goods dispatched to or received from a job worker, during the period from 1st January,2021 to 31st March, 2021 (For Quarter) has been extended from 25th April, 2021 to 31st May, 2021.

Due date of filing GSTR-1: (Notification No. 12/2021)

The due date for furnishing details of outward supplies in Form GSTR-1 for the month of April-2021 has been extended from 11th May, 2021 to 26th May, 2021.

Applicability of Rule-36(4): (Notification No. 13/2021)

Rule 36(4) shall apply cumulatively for the period April 2021 and May, 2021 and the return in FORM GSTR-3B for the tax period May, 2021 shall be furnished with the cumulative adjustment of ITC for the said months.

The details using IFF for the month of April , 2021 can be furnished from 1st May, 2021 till 28th May, 2021.

Other Compliances which falls between 01.05.2021 to 31.05.2021 has been extended to 15.06.2021: (Notification No. 14/2021)

  • The time limit for completion of action of verification by the proper officer of the application for GST registration and its approval (Rule-9 of CGST rules pertaining to Verification of the Application and Approval)
  • Filing of any Appeal ,Reply and Application
  • Furnishing of any Report, Document ,Return Statement or such other record

Notification no. 13/2021, 12/2021 and 10/2021 – Central tax pertaining to due Dates for GSTR-1/IFF

Form Period Due Date
Normally Revised
GSTR1 Apr-21 11.05.2021 26.05.2021
IFF 13.05.2021 28.05.2021
GSTR4 for FY 2020-21 30.04.2021 31.05.2021

NO BENEFIT OF EXTENSION IN FOLLOWING CASES

  • Chapter IV related to Time & Value of supply (Section 12 to 15)
  • Compulsory opt-out of Composition Scheme on T/O exceeds Specified Limit (1.5Cr/75Lakhs) as per Section 10.
  • Sec. 68-Inspection of Movement of Goods in respect of E-Way Bill provision

NO BENEFIT OF EXTENSION IN FOLLOWING SECTIONS

Sec 25 Procedure for Registration

Sec 27 CTP & NRTP Provisions

Sec 31 Tax Invoice Provisions

Sec 37 Filing GSTR1

Sec 47 & Sec 50- Late Fees and Interest

Sec 69 Power to Arrest

Sec 90 Liability of Partners of firm to pay tax

Sec 122 Penalty for certain offences

Sec 129 Detention, seizure, & release of goods & conveyance in transit

TIME LIMIT EXTENDED

Refund Orders under Section 54(5) and Section 54(7) shall be extended up to 15 days after the receipt of reply to the notice OR 31st May’2021 (W.E. later)

The new GSTR 1 HSN summary table will now take effect from May’21 Return, not from April’21 return:

  • Now, GSTR 1 HSN summary table shows HSN, Description & UQC but from May 2021, onwards, it will be HSN, UQC & Rate.
  • Description is not applicable as it will be auto-populate which is based on HSN.
  • Column Rate will be mandatory and value will be non-mandatory GSTR 1 HSN summary table

Import of oxygen concentrators for personal use exempted till July 31, 2021:

The DGFT vide Notification No. 4/2015-2020, April 30, 2021 has issued amendment in Para 2.25 of the Foreign Trade Policy, 2015-20 (“FTP”), that deals with the import of goods.

GST Returns 3B and GSTR-1 without DSC : –

The CBIC allowed the companies to file GST Returns without Digital Signature Certificate (DSC) with Mobile One Time Password (OTP) verified through electronic verification code (EVC)

New feature on the GST portal : –

Return Calendar : Registered person can allow to check the past 5 returns periods as to avoid incurring any interest or late fee.

Helpdesk : –

CBIC setup Dedicated Helpdesk for Handholding Trade, Industry and Individuals to expedite Customs Clearance of Imports related to COVID:

Recent AAR & Judicial Decisions:-

No GST on membership subscription fees and Infrastructure development fund collected from the members collected from members: (M/s. Calcutta Club Ltd.)

AAR on the Pharmaceutical Reference Standards (Prepared Laboratory Reagents) imported and supplied by the Appellant and classified under Tariff Item 3822 00 90 of the Customs Tariff Act, 1975 is covered under Entry No. 80 of Schedule-II to Notification No. 1/2017-Integrated Tax (Rate) dated 28.06.2017 attracting a levy of Integrated Tax at the rate of 12%.

Other Relaxations

> Due date for filing ITC04 (Goods dispatched to /received from Job work) for the Q4 (Jan-Mar) of 2020-21 has been extended to 31.05.2021 as per notifications no. 11/2021 –Central Tax.

> Rule 36(4) pertain to restriction of 10% Provisional ITC shall apply cumulatively for the period April & May-2021 in the return FORM GSTR-3B for the tax period May-2021

The time limit for completion of action of verification by the proper officer of the application for GST registration and its approval (Rule-9 of CGST rules pertaining to Verification of the Application and Approval) falls between 01.05.2021 to 31.05.2021 has been extended to 15.06.2021 as per notification no. 14/2021-Central Tax.

RELEVANT GST NOTIFICATIONS

Title Notification No. Date
Relaxations in time limits for completion or compliance under GST law Notification No. 14/2021- Central Tax [G.S.R. 310(E)] 01/05/2021
CBIC extends due date for IFF to 28th May & amends rule 36(4) Notification No. 13/2021- Central Tax [G.S.R. 309(E)] 01/05/2021
GSTR-1 due date for April 2021 extended to 26th May 2021 Notification No. 12/2021- Central Tax [G.S.R. 308(E)] 01/05/2021
CBIC extends due date for filing GST ITC-04 to 31st May 2021 Notification No. 11/2021- Central Tax [G.S.R. 307(E)] 01/05/2021
CBIC extends due date for filing GSTR 4 (Composition Scheme) Notification No. 10/2021- Central Tax [G.S.R. 306(E)] 01/05/2021
Govt waives Late Fees on delayed filing of March/April GSTR 3B Return Notification No. 09/2021- Central Tax [G.S.R. 305(E)] 01/05/2021
Relaxation in GST interest rate for March & April 2021 Notification No. 08/2021- Central Tax [G.S.R. 304(E)] 01/05/2021

*****

Disclaimer: The purpose of this is to share knowledge and it is for education purpose only. This does NOT constitute NOR does this form part of neither it is to be construed as, A LEGAL OPINION. The analysis is solely based on the reading abilities of the Author. They may be correct/incorrect as per you. No representation or warranty, express or implied, is made or given in respect of any information provided. UNDER NO circumstances should any recipient rely on this communication as a basis for any legal decision. The views expressed are of personal to the author. They do not reflect the views of any organization he may be directly/indirectly associated with. Neither author nor any of its affiliates accepts any legal liability, or responsibility, for, or provides any assurance or guarantee of accuracy, authenticity, completeness, correctness, dependability, reliability, suitability or timeliness of, any part of this article. The contents of this article are based only on the understanding of the Law, Rules, Notifications, etc. of the author and THEY ARE NOT BASIS FOR ANY LEGAL OPINION.

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Author Bio

Qualification: CA in Practice
Company: Jayprakash P & Company
Location: Mumbai, Maharashtra, India
Member Since: 14 Mar 2021 | Total Posts: 11
The author, CA Jayprakash Pandey is a practicing Chartered Accountant (Founder of Jayprakash P & Company) having Office at Mumbai, with more than 5 years of professional cum practical experience, Direct Tax, International Taxation, Indirect Tax & FEMA and RERA Consultant, litigation & co View Full Profile

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