Due to COVID-19 pandemic and challenges faced by taxpayers, Government has extended date for GST filings, return lower or nil Interest, Late fee & Penalty for Regular & Composite Taxpayers. I have prepared an article regarding various changes in Goods & Service Tax. This article provides summary of major changes from the inception of Lock down to till notification come on 27.05.2020 under GST portal due to COVID 19. The below article is meant for reference purpose only.

EXTENSION IN FILING OF DUE DATE OF VARIOUS RETURN (AS PER Notification No. 30/2020 Dated 03.04.2020, Notification No. 31/2020 Dated 03.04.2020, Notification No. 32/2020 Dated 03.04.2020, Notification No. 33/2020 Dated 03.04.20 AND Notification No. 36/2020 Dated 03.04.2020)

1. NATURE OF RETURN – GSTR – 3B (FOR REGULAR TAX PAYER)

Case Month Due Date Revised Due date Interest Penalty & Late fees
Turnover Less Than Rs. 1.5 Crores February, 2020 22/24.03.20 30.06.2020 No Interest levied  if returns have been filed on or before the revised due dates Not Payable if return is filed before revised due date
March, 2020 22/24.04.20 03.07.2020
April, 2020 22/24.05.20 06.07.2020
May, 2020 22/24.06.20 12/14.07.20
Turnover More than Rs. 1.5 crore but up to Rs. 5 crore February, 2020 22/24.03.20 29.06.2020 No Interest levied  if returns have been filed on or before the revised due dates Not Payable if return is filed before revised due date
March, 2020 22/24.04.20 29.06.2020
April, 2020 22/24.05.20 30.06.2020
May, 2020 22/24.06.20 12/14.07.20
More than Rs. 5 crores February, 2020 20.03.2020 24.06.2020 No interest till 15 days from ORIGINAL DUE DATE and @ then 9% till revised due date Not Payable if return is filed before revised due date
March, 2020 20.04.2020 24.06.2020
April, 2020 20.05.2020 24.06.2020
May ,2020 20.06.2020 27.06.2020

2. NATURE OF RETURN – GSTR – 1 (FOR REGULAR TAX PAYER)

Case Month Due Date Revised Due date Interest Penalty & Late fees
Turnover Less Than Rs. 1.5 Crore (QUATERLY) January, 2020 30.04.2020 30.06.2020 Not Applicable Not Payable if return is filed before revised due date
February, 2020
March, 2020
April, 2020 31.07.2020 Not yet extended Levied as per prevailing law
May, 2020
June, 2020
Turnover More than Rs. 1.5 crore (MONTHLY) March, 2020 11.04.2020 30.06.2020 Not Applicable Not Payable if return is filed before revised due date
April, 2020 11.05.2020 30.06.2020
May 2020 11.06.2020 30.06.2020

Source:

https://taxguru.in/goods-and-service-tax/gst-composition-scheme-fy-2020-21-opted-30-06-2020.html

https://taxguru.in/goods-and-service-tax/gst-interest-rate-timely-filing-form-gstr-3b.html

https://taxguru.in/goods-and-service-tax/conditional-waiver-late-fee-delay-furnishing-form-gstr-3b.html

https://taxguru.in/goods-and-service-tax/conditional-waiver-late-fee-delay-furnishing-form-gstr-1.html

https://taxguru.in/goods-and-service-tax/cbic-extends-due-date-furnishing-gstr-3b-2020-month.html

3. COMPLIANCES FOR COMPOSITION TAXPAYERS (AS PER NOTIFICATIONS NO 34/2020 DATED 03.04.20)

Nature Particulars Month Due Date Revised Due date Interest Penalty & Late fees
GST- CMP-08 A statement, containing the details of payment of self-assessed tax January, 2020 18.04.20 07.07.20 No relief has been granted so far, so the same will be levied as per prevailing law.
February, 2020
March, 2020
GSRT-4 Annual Return F.Y.2019-20 30.04.20 15.07.20

Source: https://taxguru.in/goods-and-service-tax/due-date-furnish-gst-cmp-08-gstr-4-extended-march-quarter.html

NORMAL TAXPAYERS WANTING TO OPT FOR COMPOSITION SHOULD NOT FILE GSTR3B AND GSTR 1 FOR ANY TAX PERIOD OF FY 2020-21 FROM ANY OF THE GSTIN ON THE ASSOCIATED PAN

Nature Period Revised Due date
GST CMP-02 F.Y. 2020-21 30.06.2020
GST ITC-03 F.Y. 2019-20 31.07.2020

Source: https://www.gst.gov.in/newsandupdates/read/369

4. EXTENSION IN VARIOUS DUE DATE OF GST (AS PER NOTIFICATIONS NO 35/2020 DATED 03.04.2020)

Form No Filed by Month Due Date Revised Date
GSTR-5 Non Resident Taxpayers March, 2020 20.04.2020 30.06.2020
April, 2020 20.05.2020
May, 2020 20.06.2020
GSTR-6 Input Service Distributors March, 2020 13.04.2020 30.06.2020
April, 2020 13.05.2020
May, 2020 13.06.2020
GSTR-7 Tax Deductor at Source (TDS deductor) March, 2020 10.04.2020 30.06.2020
April, 2020 10.05.2020
May, 2020 10.06.2020
GSTR-7 Tax Deductor at Source (TDS Collector) March, 2020 10.04.2020 30.06.2020
April, 2020 10.05.2020
May, 2020 10.06.2020

Source: https://taxguru.in/goods-and-service-tax/due-date-gst-compliance-validity-e-way-bills.html

5. EXTENSION IN VALIDITY OF E-WAY BILL (AS PER NOTIFICATIONS NO NOTIFICATIONS NO 35/2020 DATED 03.04.20 & 40/2020 DATED 05.05.2020)

Extension No Particulars Valid till
1st extension e-way bill has been generated under rule 138 of the Central Goods and Services Tax Rules, 2017 and its period of validity expires during the period 20th day of March, 2020 to 15th day of April, 2020 Validity period of such e-way bill shall be deemed to have been extended till the 30th day of April, 2020
2nd extension e-way bill has been generated on or before the 24th day of March, 2020 and its period of validity expires during the period 20th day of March, 2020 to the 15th day of April, 2020 Validity period of such e-way bill shall be deemed to have been extended till the 31st day of May, 2020

Source:

https://taxguru.in/goods-and-service-tax/due-date-gst-compliance-validity-e-way-bills.html

https://taxguru.in/goods-and-service-tax/cbic-extends-validity-e-way-bills-31-05-2020.html

6. CBIC NOTIFIES EFFECTIVE DATE FOR RULE 87(13) & FORM GST PMT09 (AS PER NOTIFICATIONS NO 37/2020 DATED 28.04.2020)

  • CBIC notifies 21.04.2020 as the date from which Rule 87(13) of CGST Rules & Form GST PMT-09 will come into effect.
  • With effect from 21.04.2019, a registered person may, on the common portal, transfer any amount of tax, interest, penalty, fee or any other amount available in the electronic cash ledger under the Act to the electronic cash ledger for integrated tax, central tax, State tax or Union territory tax or cess in FORM GST PMT-09.
  • PMT 09 is the prescribed challan for shifting the wrongly paid ITC. If you have paid a wrong tax, like CGST in place of SGST, you can shift it using this challan. Form GST PMT 09 provides flexibility to taxpayers to make multiple transfers from more than one Major/Minor head to another Major/Minor head if the amount is available in the Electronic Cash Ledger.
  • To file Form GST PMT-09, taxpayers are required to log in on GST portal with valid credentials and navigate to Services > Ledgers > Electronic Cash Ledger > File GST PMT-09 for Transfer of Amount 
  • After Form GST PMT-09 is filed
  • ARN is generated on the successful filing of Form GSTPMT-09.
  • An SMS and an email are sent to the taxpayer on his registered mobile and email id.
  • Electronic Cash ledger will get updated after successful filing of Form GST PMT- 09.
  • Filed form GST PMT-09 will be available for view/download in PDF

Source:

https://taxguru.in/goods-and-service-tax/cbic-notifies-effective-date-rule-8713-form-gst-pmt09.html

https://www.gst.gov.in/newsandupdates/read/375

7. VERIFICATION OF FILING OF FORM GSTR – 3B RETURN THROUGH ELECTRONIC VERIFICATION CODE (EVC) (AS PER NOTIFICATIONS NO 38/2020 DATED 05.05.2020)

Nature of Form Period from -to Mode of Verification
 GSTR-3B Period from the 21st day of April, 2020 to the 30th day of June, 2020 Electronic Verification Code (EVC)

Amendment in Sec 67A of the Rule

 A registered person who is required to furnish a Nil return under section 39 in FORM GSTR-3B for a tax period, any reference to electronic furnishing shall include furnishing of the said return through a short messaging service using the registered mobile number and the said return shall be verified by a registered mobile number based One Time Password facility.

Source: https://taxguru.in/goods-and-service-tax/gstr-3b-nil-return-sms-companies-file-evc.html

8. FRESH GST REGISTRATION FOR POST APPOINTMENT OF IRP/RP (AS PER NOTIFICATIONS NO 39/2020 DATED 05.05.2020)

With effect from 21.03.2020, the said class of persons shall, with effect from the date of appointment of IRP / RP, be treated as a distinct person of the corporate debtor, and shall be liable to take a new registration (hereinafter referred to as the new registration) in each of the States or Union territories where the corporate debtor was registered earlier, within thirty days of the appointment of the IRP/RP or by 30th June, 2020, whichever is later.

Source: https://taxguru.in/goods-and-service-tax/gst-registration-compulsory-post-appointment-irp-rp.html

PROCEDURE FOR REGISTRATION OF IRP/RP IN THE GST PORTAL (DATE 27.05.2020)

  • IRP/RP should select the Reason for Registration as “Corporate Debtor undergoing the Corporate Insolvency Resolution Process with IRP/RP” from the drop down menu.
  • The date of commencement of business for IRP/RPs will be the date of their appointment. Their compliance liabilities will also come into effect from the date of their appointment.
  • IRP/RP shall be the Primary Authorized Signatory for the newly registered Company.
  • Details as specified in original registration of the Corporate Debtors are required to be entered in the Principal Place of business/ Additional place of business.
  • The new registration application shall be submitted electronically on GST Portal under DSC of the IRP/RP.

IN CASE WHERE IRP/RP CHANGED

Sl. No Case Remarks Who will Change
A After Initial Appointment No fresh Registration would be required for authorized Person. The same would be deemed to be change of authorized signatory. a)    The change in Primary Authorized Signatory details on the portal can be done either by the authorized signatory of the Company.

OR

b)    By the concerned jurisdictional officer (if the previous authorized signatory does not share the credentials with his successor) on request of IRP/RP.

B During the CIRP Process The change in the GST system may be carried out by a non- core amendment in the registration form.

Source: https://www.gst.gov.in/newsandupdates/read/377

9. EXTENSION OF DUE DATE OF ANNUAL RETURN & RECONCILIATION STATEMENT FOR THE FY 2018-19 (AS PER NOTIFICATIONS NO 41/2020 DATED 05.05.2020)

Relevant Section/ Rule Form No Particular F.Y. Extended date Mode of filing
Section 44 of the said Act read with rule 80 of the said rules Form 9 Annual Return 2018-19 30.09.2020 electronically
Form 9C Reconciliation Statement 2018-19 30.09.2020

Source: https://taxguru.in/goods-and-service-tax/gst-annual-return-filing-date-fy-2018-19-extended-30-09-2020.html

10. REVISED DUE DATE OF FILING OF GSTR-3B FOR UNION TERRITORY OF JAMMU & KASHMIR & LADAKH (AS PER NOTIFICATIONS NO 42/2020 DATED 05.05.2020)

Name of Union Territory Month Revised Due Date
Jammu & Kashmir November, 2019 24.03.2020
December, 2019
January, 2020
February, 2020
Ladakh November, 2019 24.03.2020
December, 2019
January, 2020 20.05.2020
February, 2020
March, 2020

Source: https://taxguru.in/goods-and-service-tax/revised-gstr-3b-due-dates-ut-jk-ladakh-notified.html

11. AMENDMENT TO SECTION 140 OF THE CGST ACT I.E. TRANSITIONAL CREDIT (AS PER NOTIFICATIONS NO 43/2020 DATED 05.05.2020)

  • Central Government has been appointed from 18.05.2020 for retrospective amendment in Section 140 of the CGST Act, 2017 prescribing the time limits for taking transitional credits, as per provisions of section 128 of the said Act.
  • Section 140 of the CGST Act, 2017 has been amended with retrospectively from 01.07.2017 (i.e. starting date of GST Act)

Source: https://taxguru.in/goods-and-service-tax/amendment-section-140-cgst-act-notified-wef-18-05-2020.html

12. ADVISORY ON OPTING-IN FOR COMPOSITION SCHEME FOR 2020-21 – EXTENSION OF DATES IN VIEW OF COVID-19 PANDEMIC

Due to COVID-19 pandemic and challenges faced by taxpayers, Government has extended dates for opting for composition scheme by normal taxpayers, for the financial year 2020-21. These are notified in Notifications 30/2020 Central Tax, dated 03.04.2020Circular No. 136/06/2020-GST dated 3rd April, 2020 has also been issued

Existing Normal taxpayers who want to opt for Composition Scheme in Financial Year 2020-21 may note following changes

1. Revised date to file Form GST CMP 02

Normal and registered taxpayers who want to opt in for Composition in FY 2020-21 can apply in Form GST CMP-02 by 30th June 2020.

2. No GSTR 1 or 3B must be filed in 2020-21 financial year for associated PAN

The taxpayers should not file any GSTR-1/GSTR-3B, for any tax period of FY 2020-21, from any of the GSTIN on the associated PAN, or else they will not be able to opt for composition scheme for FY 2020-21.

3. No need for re-opting for the composition scheme

The taxpayers who are already in composition scheme, in previous financial year are not required to opt in for composition again for FY 2020-2021.

4. Revised date to file Form GST ITC 03

Form GST ITC-03 to reverse ITC for the stock in hand at the time of transition can be filed till 31st July, 2020.

5. Modification in earlier advisory date 18.02.2020

The advisory issued on 18.02.2020 and available on GST Portal (click here for the link https://www.gst.gov.in/newsandupdates/read/356stands modified to above extent.

Source: https://www.gst.gov.in/newsandupdates/read/373

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