We would like to bring to your notice that CBIC has issued several Notifications [Notification No. 48/2020 – Central Tax to Notification No. 57/2020 – Central Tax] & Removal of Difficulty Order No. 01/2020- Central Tax whereby some Relief is granted.
The following is the summary of the same for your ready reference:
I. Notification No. 48/2020- Central Tax dt. 19th June 2020:-
a. The Central Goods and Services Tax (Sixth Amendment) Rules, 2020 is introduced.
b. A person registered under the provisions of the Companies Act, 2013, during the period 21 April, 2020 to 30 September, 2020, are allowed to furnish Form GSTR-3B after verification through EVC (i.e., DSC is not mandatory)
c. A person registered under the provisions of the Companies Act, 2013, during the period 27 May, 2020 to 30 September, 2020, are allowed to furnish Form GSTR- 1after verification through EVC (i.e., DSC is not mandatory)
d. The above shall come into force from 27 May, 2020.
II. Notification No. 49/2020-Central Tax dt. 19th June 2020:-
a. The provisions of sections 118, 125, 129 and 130 of the Finance Act, 2020 shall come into force from 30 June, 2020.
b. Section 118 of Finance Act, 2020:-
In section 2 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the Central Goods and Services Tax Act), in clause (114), for sub-clauses (c) and (d), the following sub-clauses shall be substituted, namely:—
“(c) Dadra and Nagar Haveli and Daman and Diu;
(d) Ladakh;”.
c. Section 125 of Finance Act, 2020:-
In section 109 of the Central Goods and Services Tax Act, in sub-section (6),—
(a) the words “except for the State of Jammu and Kashmir” shall be omitted;
(b) the first proviso shall be omitted.
d. Section 129 of Finance Act, 2020:-
In section 168 of the Central Goods and Services Tax Act, in sub-section (2), for the words, brackets and figures “sub-section (5) of section 66, sub-section (1) of section 143”, the words, brackets and figures “sub-section (1) of section 143, except the second proviso thereof” shall be substituted
e. Section 130 of Finance Act, 2020:-
In section 172 of the Central Goods and Services Tax Act, in sub-section (1), in the proviso, for the words “three years”, the words “five years” shall be substituted.
III. Notification No. 50/2020 –Central Tax dt. 24th June 2020:-
a. The Central Goods and Services Tax (Seventh Amendment) Rules, 2020 is introduced.
b. The below changes shall come into effect from 1stApril, 2020.
c. In Rule 7, the following Table is substituted:-
Sl No. | Section under which composition levy is opted | Category of registered persons | Rate of Tax |
(1) | (1A) | (2) | (3) |
1 | Sub-sections (1) and (2) of section 10 | Manufacturers, other than manufacturers of such goods as may be notified by the Government | half per cent. of the turnover in the State or Union territory |
2 | Sub-sections (1) and (2) of section 10 | Suppliers making supplies referred to in clause (b) of paragraph 6 of Schedule II | two and a half per cent. of the turnover in the State or Union territory |
3 | Sub-sections (1) and (2) of section 10 | Any other supplier eligible for composition levy under section 10 and the provisions of this Chapter | half per cent. of the turnover of taxable supplies of goods and services in the State or Union territory |
4 | Sub-section (2A) of section 10 | Registered persons not eligible under the composition levy under sub-sections (1) and (2), but eligible to opt to pay tax under sub-section (2A), of section 10 | three per cent. of the turnover of supplies of goods and services in the State or Union territory. |
IV. Notification No. 51/2020-Central Tax dt. 24th June 2020 & Notification 54/2020 – Central Tax dt.24th June:-
A. The below mentioned details are for taxpayers having an aggregate turnover of more than rupees 5 crores in the preceding financial year:-
Period | Interest and late fees |
February, 2020, March 2020, April, 2020 | No interest for the first 15 days from the due date. |
Interest @ 9% (instead of 18%) after the expiry of 15 days till 24th June 2020. | |
Interest @18% levied after 24th June, 2020 till the date of filing return. | |
Late fee applicable from the due date till the date of filing return. |
The calculation of interest in respect of this class of registered persons for delayed filing of return for the month of March, 2020 (due date of filing being 20.04.2020) is as illustrated in the Table below
Sl. No. | Date of filing GSTR-3B | No. of Days delay | Interest |
1. | 02.05.2020 | 12 | Zero Interest |
2. | 20.05.2020 | 30 | Zero interest for 15 days, thereafter interest rate @9% p.a. for 15 days |
3. | 24.06.2020 | 65 | Zero interest for 15 days, thereafter interest rate @9% p.a. for 50 days |
4. | 30.06.2020 | 71 | Zero interest for 15 days, thereafter interest rate @9% p.a. for 50 days and interest rate @18% p.a. for 6 days |
B. The below mentioned details are fortaxpayers having an aggregate turnover of upto 5 crores in the preceding financial year:-
Period | Date of filing | Interest & Late fees |
February,2020 | Upto 30th June | Both NIL |
On or after 1st July, 2020 | Interest @ 9% till 30th Sep, 2020.
Interest @18% levied after 30th Sep, 2020 till the date of filing return |
|
March,2020 | Upto 3rd July | Both NIL |
On or after 4th July, 2020 | Interest @ 9% till 30th Sep, 2020.
Interest @18% levied after 30th Sep, 2020 till the date of filing return |
|
April,2020 | Upto 6th July | Both NIL |
On or after 7th July, 2020 | Interest @ 9% till 30th Sep, 2020.
Interest @18% levied after 30th Sep, 2020 till the date of filing return |
|
May,2020 | Upto 12th Sep | Both NIL |
On or after 13th Sep, 2020 | Interest @ 9% till 30th Sep, 2020.
Interest @18% levied after 30th Sep, 2020 till the date of filing return |
|
June,2020 | Upto 23rd Sep | Both NIL |
On or after 24th Sep, 2020 | Interest @ 9% till 30th Sep, 2020.
Interest @18% levied after 30th Sep, 2020 till the date of filing return |
|
July,2020 | Upto 27th Sep | Both NIL |
On or after 28th Sept, 2020 | Interest @ 9% till 30th Sep, 2020.
Interest @18% levied after 30th Sep, 2020 till the date of filing return |
|
Aug,2020 | Upto 1st October | Both NIL |
On or after 2nd Oct, 2020 | Interest @18% levied after 30th Sep, 2020 till the date of filing return Late fee applicable from the original due date till the date of filing return. |
The calculation of interest in respect of this class of registered persons for delayed filing of return for the month of March, 2020 (for registered persons for whom the due date of filing was 22.04.2020)
Tax period | Applicable rate of interest | Date of filing GSTR-3B | No. of days of delay | Interest |
March,2020 |
Nil till the 3rd day of July, 2020, and 9 per cent thereafter till the 30th day of September, 2020 |
22.06.2020 | 61 | Zero Interest |
22.09.2020 | 153 | Zero interest for 72 days, thereafter interest rate @9% p.a. for 81 days | ||
22.10.2020 | 183 | Zero interest for 72 days, thereafter interest rate @9% p.a. for 89 days and interest rate @18% p.a. for 22 days |
V. Notification 52/2020 – Central Tax dt.24th June, 2020
Conditional waiver of Late fees
Liability | Returns | Late fees | Return furnished between |
No Tax liability | July, 2017 to January, 2020 | NIL | 1st July, 2020 to 30th September, 2020 |
Having tax liability | July, 2017 to January, 2020 | Rs. 500 per Return | 1st July, 2020 to 30th September, 2020 |
VI. Notification 53/2020 – Central Tax dt.24th June,2020:-
Sr. No. | Month/Quarter | Due date | Specified Date |
1 | March, 2020 | 11th April, 2020 | 10th July, 2020 |
2 | April, 2020 | 11th May, 2020 | 24th July, 2020 |
3 | May, 2020 | 11th June, 2020 | 28th July, 2020 |
4 | June, 2020 | 11th July, 2020 | 5th August, 2020 |
5 | January to March, 2020 | 30th April, 2020 | 17th July, 2020 |
6 | April to June, 2020 | 30th July, 2020 | 3rd August, 2020 |
No late fees shall be levied if file till specified date. If filed after specified date than Late fees shall be leviable from the original due date till the date of filing of Return.
VII. Notification 55/2020 – Central Tax dt.27th June, 2020:-
By this Notification the due date for issue of notice, intimation, notification, sanction or approval order as well as the due date for filing of appeal, reply, furnishing of return, statements, applications, reports, any other documents, the time limit whereof is expiring between 20th March 2020 to 30th August, 2020 is extended to 31st August, 2020.
The above extension is not applicable for the following compliances (and related rules):
i. Chapter IV: Time and Value of Supply
ii. Section 10(3): Option for Composition Scheme will lapse once aggregate turnover crosses the specified limit.
iii. Section 25: Procedure for Registration
iv. Section 27: Special provisions relating to casual taxable person and non-resident taxable person.
v. Section 31: Tax invoice.
vi. Section 37: Furnishing details of outward supplies.
vii. Section 39: Furnishing of Returns, except the following:
1. Section 39(3): TDS Return
2. Section 39(4) ISD Return and
viii. Section 39(5): Non-Resident Taxable Person Return
ix. Section 47: Levy of late fee
x. Section 50: Interest on delayed payment of tax.
xi. Section 68: Inspection of goods in movement (in so far as e-waybill is concerned)
xii. Section 69: Power to arrest
xiii. Section 90: Liability of partners of firm to pay tax.
xiv. Section 122: Penalty for certain offences.
xv. Section 129: Detention, seizure and release of goods and conveyances in transit.
VIII. Notification 56/2020 – Central Tax dt.27th June, 2020:-
The time limit of rejection of Refund claim whether in full or part and where the time limit of issued of Refund sanction order falls during the period from the 20th March, 2020 to the 30th August, 2020, time limit for issuance of the said order shall be extended to fifteen days after the receipt of reply to the notice from the registered person or the 31st August, 2020 whichever is later.
IX. Notification 57/2020 – Central Tax dt. 30th June, 2020:-
Conditional waiver of late fees
The Notification shall be deemed to have come into effect from the 25th day of June, 2020.
Turnover | Liability | Returns | Late fees | Return furnished Till |
Taxpayers having an aggregate turnover upto rupees 5 crores in the preceding financial year |
No Tax liability |
February, 2020, to July, 2020
|
NIL | 30th September, 2020 |
Having Tax Liability |
Rs. 500 per Return | |||
Taxpayers having an aggregate turnover of more than rupees 5 crores in the preceding financial year | No tax liability | May, 2020 to July 2020 | NIL | 30th September, 2020 |
Having Tax Liability | Rs. 500 per Return |
X. Order No. 01/2020-Central Tax dt. 25th June 2020:-
Extension of time limit of application of Revocation of Cancellation of Registration
The application for revocation of cancellation of the registration is 30 days from the date of service of the cancellation order as per Sub Section (1) of Section 30.
For the purpose of calculating time limit of 30 days
The registered person who was served notice of cancellation of registration and the cancellation order was passed up to 12th June, 2020, the later of the following dates shall be considered:-
a. Date of service of the said cancellation order; or
b. 31st day of August, 2020