Due dates under GST linked with September

[Shilpi Jain]

Sep ‘20

Generally, any taxation law has many due dates relating to the various compliances. Under GST it has been seen that the month of September is a very important month as many of these due dates, though not falling in such month, are linked to this month i.e. the due dates are defined in different ways as below:

1. Due date of furnishing the return for the month or quarter of September
2. Actual date of furnishing the return for the month of September
3. By the month September.

From the above it can be seen that there is a lack of consistency in defining the due dates in the law due to which many taxpayers may presume a certain due date, whereas the actual due date prescribed in the law maybe something different. This article has tried to summarise the various due dates that are linked to the month of September for ease of reference with an example given for the FY 2019-20.

In this regard the following points have been assumed:

1. Return under GST means Form GSTR-3B.
2. No due date extension for the month of September has been taken into account. If any extensions are announced, the due dates for the below-mentioned compliances will have to be modified accordingly.
3. Cut-off date refers to the date of receipt of completion certificate or first occupation in the project, whichever is earlier.

S. No.	Provision reference	Nature of activity	Due date	Example
1	Section 16(4)	Time limit for availing credit with respect to an invoice and debit note	Earliest of :   Due date of furnishing the return for the month of Sep following the end of the FY in which such invoice or invoice relating to such DN pertains   Date of furnishing of annual return for such FY	For FY 2019-20   Due date - 20th Oct '20 (which can be done though the Sep ’20 Form GSTR-3B at the maximum and not in any subsequent return)
2	Section 34(2)	Time limit for declaration of the details of a credit note in a Form GSTR-3B	Earliest of:   Actual date of filing Of September following the end of the FY in which such credit note is issued   Date of furnishing of annual return for such FY	For CN issued in FY 2019-20   Due date - actual date of filing of Form GSTR-3B for Sep '20
3	First proviso to section 37(3)	Rectification of error or omission in respect of details furnished in Form GSTR-1	Earliest of:   The date of furnishing Form GSTR-3B for the month of Sep following the end of the FY to which such details pertain   Date of furnishing of annual return for such FY	For any document relating to FY 2019-20   Due date - actual date of filing of Form GSTR-3B for Sep '20
4	Proviso to section 39(9)	Rectification of any omission or incorrect particulars in respect of details furnished in:   Form GSTR-3B (normal return),   Form GSTR-4 (composition taxpayer return),   Form GSTR-5 (Non-resident taxable person return),   Form GSTR-7 (TDS return),   Form GSTR-6 (ISD return).	Earliest of:   Due date of furnishing the form for the month of Sep or 2nd quarter, following the end of the FY to which such details pertain   Date of furnishing annual return for the said FY	For FY 2019-20 due date for Form GSTR-3B - 20th Oct '20   Form GSTR-4 - 30th Apr '21 (only an annual statement) extended due date is 31st Oct '20 (notification 64/2020-CT) Form GSTR-5 - 20th Oct '20   Form GSTR-6 - 13th Oct '20   Form GSTR-7 - 10th Oct '20   Form GSTR-8 - 10th Oct '20
5	Proviso to section 52(6)	Rectification of any omission or incorrect particulars by an e-commerce operator in respect of details furnished in Form GSTR-8 (TCS return)	Earliest of:   Due date of furnishing the said statement for the month of Sep following the end of the FY to which such details pertain   Date of furnishing annual return for the said FY	For FY 2019-20   Due date - 10th Oct '20
6	Rule 42(2)	Final calculation for reversal of credit of inputs and input services pertaining to exempt supplies for the entire year except for services falling under entry 5(b) of Schedule II	Due date of furnishing Form GSTR3B for the month of Sep following the end of the FY to which such credit pertains	For FY 2019-20   Due date - 20th Oct '20
7	Rule 42(2)(a)	Final reversal of any excess credit as per above calculation i.e. rule 42(2)	By Sep following the FY to which such credit relates (Though interest would be liable from Apr following the end of the FY to which such credit relates)	For FY 2019-20   Due date - 30th Sep '20 (Interest from 1st Apr '20)
8	Rule 42(2)(b)	Availing excess reversal of ITC arrived at as per above calculation i.e. rule 42(2)	Actual date of filing Of GSTR-3B for September following the end of the FY to which such credit pertains	For FY 2019-20   Due date - actual date of filing of Form GSTR-3B for Sep '20
9	Rule 42(3)	Final calculation for reversal of credit of inputs and input services pertaining to exempt supplies for the entire year in respect of outward supplies falling under entry 5(b) of Schedule II	Due date of furnishing GSTR-3B for the month of Sep following the end of the FY in which the cut-off date occurs.	For FY 2019-20   Due date - 20th Oct '20
10	Rule 42(3)(a)	Final reversal of any excess credit as per above calculation i.e. rule 42(3)	By Sep following the FY to in which the cut-off date occurs (Though interest would be liable from Apr following the end of the FY to which such credit relates)	If Cut-off date occurs in FY 2019-20   Due date - 30th Sep '20 (Interest from 1st Apr '20)
11	Rule 42(3)(b)	Availing excess reversal of ITC arrived at as per above calculation i.e. rule 42(3)	Actual date of filing of GSTR-3B for September following the end of the FY in which the cut-off date occurs	If Cut-off date occurs in FY 2019-20   Due date - actual date of filing of Form GSTR-3B for Sep '20
Similar due dates exist for the calculation of credit under rule 42(4) and 43(2).

The above are the due dates as per the provisions of the law and it is a known fact that the portal may not always support this. Hence, also considering the nuances of the portal law would be necessary in respect of the above.

From the above table it can be seen that there are a lot of differences in the way the due dates are defined in the law which may lead to confusion for the taxpayers. The law makers should take steps towards bringing consistency in the way the due dates are defined so that it is easier to track them and comply. This could be a necessary step towards simplification of the law.

Special thanks to CA Vikram Katariya for his inputs.

In case of any queries/feedback please write to [email protected]

CA Shilpi Jain

Discussions to this article

[Ramandeep Bhatia]

Very good observation and nicely drafted

[KASTURI SETHI]

Madam,

Your article is a ready reckoner for all. Very useful and timely.