A. Composition tax payers
1.Annual return in form GSTR-4 for FY 20-21 may be filed upto July 31,2021
2.From GSTR-4 (annual return) of FY 2021-22 onwards, maximum late fees will be Rs 500(CGST+SGST) in case of NIL returns and Rs 2000(CGST+SGST) in case of other returns.
3.It may be noted that late fee per day is Rs 20(CGST+SGST) for NIL returns and Rs 50(CGST+SGST) for other returns.
4.Interest u/s 50 for late payment of tax
| Tax period | Tax payment within | Rate of interest |
| Quarter ended MARCH 21 | First 15 days from due date | NIL |
| Next 45 days | 9% pa | |
| Thereafter | 18% p.a. |
B. Taxpayers liable to file TDS returns in GSTR-7
From the GSTR-7 of June 2021 onwards, late fees for late filing will be Rs 50(CGST+SGST ) per day subject to maximum of Rs 2000.00(CGST+SGST)
C. Taxpayers with aggregate Turnover upto 1.5 crores in preceding financial year
1.Late fees concession
From tax period ended June 21(monthly as well as quarterly), late fees for 3B return will be maximum or upto Rs 2000.00.(CGST+SGST)
In case of Nil returns(GSTR-1 and 3B), maximum late fees will be Rs 500.00(CGST+SGST)
In case of GSTR-1 from June 2021 onwards(monthly and quarterly),maximum late fees will be Rs 2000.00(CGST+SGST)
D. Taxpayers with aggregate Turnover more than 1.5 crores but upto 5 crores in preceding financial year
1.Late fees concession
From tax period ended June 21(monthly as well as quarterly), late fees for 3B return will be maximum or upto Rs 5000.00(CGST+SGST)
In case of Nil returns(GSTR-1 and 3B), maximum late fees will be Rs 500.00(CGST+SGST)
In case of GSTR-1, from June 2021 onwards(monthly and quarterly),maximum late fees will be Rs 5000.00(CGST+SGST)
E.Taxpayers with aggregate Turnover upto 5 crores in preceding financial year
1.Late fees waiver for specified periods
a. Monthly return filers
| Tax period | Period during which return is to be filed for complete waiver of late fees |
| MARCH 21 | Sixty days from due date |
| APRIL 21 | 45 days from the due date |
| MAY 21 | 30 days from the due date |
b. Persons opting for QRMP scheme
NO late fees will be levied for return period of Quarter ended March 21, if filed within 60 days from due date
2. Interest u/s 50 in case of late filing of 3B return-monthly return filers OR monthly payment and quarterly return filers
| Tax period/Monthly payment period | Return filing within or tax payment within | Rate of interest |
| MARCH 21 | First 15 days from due date | NIL |
| Next 45 days | 9% pa | |
| Thereafter | 18% p.a. | |
| APRIL 21 | First 15 days from due date | NIL |
| Next 30 days | 9% pa | |
| thereafter | 18% p.a. | |
| MAY 21 | First 15 days from due date | NIL |
| Next 15 days | 9% pa | |
| Thereafter | 18% p.a. |
F. Taxpayers with aggregate Turnover of more than 5 crores in preceding financial year
1.Late fees waiver for specified periods
1.For the return periods form March 21 to May 21, no late fees will be levied if returns are filed within 15 days from the due date.
2.Interest in case of late filing of Return in form 3B
For the return periods March 21 to May 21, rate of interest in case of late filing will be 9% p.a. for first 15 days from due date and 18% p.a. thereafter.
G. Applicable for all taxpayers
1.Compliance with rule 36 (4)- Matching of ITC with 2A/2B
Amendment to rule 36(4)-For tax periods April 2021 and May 2021,compliance with this rule is waived off i.e. Taxpayer may claim ITC as per books subject to compliance of Section 16 and 17.
Return for June 2021 will be filed with cumulative adjustment of ITC from April 2021 to June 2021 in accordance with rule 36(4) i.e. cumulative compliance of rule 36(4) for quarter ended June 2021.
2. One time late fees concession or Amnesty scheme
| Tax payable | Return periods | Returns to be filed within to get concession in late fees | Late fees after concession |
| Rupee one or above | July 2017-April 2021 | 1-6-21 to 31-8-21 | Rs 1000 per return(CGST+SGST) |
| NIL | July 2017-April 2021 | 1-6-21 to 31-8-21 | Rs 500 per return(CGST+SGST) |
3.In case of NIL 3B returns (whether monthly or quarterly) from tax period of June 2021 onwards, maximum late fees will be Rs 500.00(CGST+SGST)
4.GSTR-1 for tax period May 2021 can be filed upto 26th June 2021.Previously Date of filing GSTR-1 for April 21 was extended upto 26th May 2021.
5.In case of NIL GSTR-1, from June 2021 onwards (monthly and quarterly), maximum late fees will be Rs 500.00(CGST+SGST)
H.Facility to use EVC for corporate tax payers
All corporate taxpayers are allowed to file returns in form 3B, GSTR-1 and IFF statement by using Electronic Verification Code (obtained on registered mobile number) in addition to digital signature from 27-4-2021 to 31-8-2021.
I. Taxpayers furnishing IFF statement i.e. who have opted for QRMP scheme
IFF statement for May 2021 may be filed upto 28th June 2021.
J. Taxpayer liable to file Form ITC-04 for good dispatched to or received from job worker
ITC-04 for March 2021 Quarter may be filed upto June 30,2021.
K. Government departments and local authority
These entities are exempted from e-invoicing w.e.f. 1-6-2021.
L.Extension of time limit or limitation period on account of “force majeure”.
1. Where
a. limitation period for completion of any proceeding or issue of any notice, intimation etc by any authority OR
b. limitation period for giving any application, reply, filing of appeal etc
falls between 15th April 2021 to 29th June 2021,limitation period shall get extended to 30th June 2021 except in following cases
2. Where limitation period for issue of any registration certificate or issue of any deficiency memo , reply to deficiency memo under Rule 9 of CST Rules falls between 1st May 2021 to 30th June 2021, same shall get extended to 15th July 2021.
3. In case of application for refund u/s 54,where notice for rejection of same in full or in part has been issued, then if limitation period for issue of refund sanction order u/s 54 (5) falls between 15th April 2021 to 29th June 2021, same shall get extended upto 30th June 2021 or upto 15 days after receipt of reply to notice whichever is later.
Author Bio
Sir
Good presentation on 43rd GST council meet.
Regards