Further clarification in respect of various measures announced by the Government for providing relief to the taxpayers in view of spread of Novel Corona Virus (COVID-19). - GST - States - TRADE CIRCULAR No. 06/2021

GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA-700015 TRADE CIRCULAR No. 06/2021 (Corresponding Central Circular No. 141/11/2020-GST) DATED: 06.05.2021 Subject: Further clarification in respect of various measures announced by the Government for providing relief to the taxpayers in view of spread of Novel Corona Virus (COVID-19). Trade Circular No. 03/2021, dated 06.05.2021 was issued by the Commissioner on the subject issue clarifying various issues relating to the measures announced by the Government providing relief to the taxpayers. The GST Council, in its 40th meeting held on 12.06.2020, recommended further relief to the taxpayers and accordingly, following notifications have been issued: S. No. Notification No. Remarks 1. Notification No. 599-F.T., dated 10.07.2020. Seeks to provide relief to taxpayers by reducing the rate of interest from 18% per annum to 9% per annum for specified period. 2. Notification No. 600-F.T., dated 10.07.2020. Seeks to provide relief to taxpayers by conditional waiver of late fee for delay in furnishing FORM GSTR-3B for specified period. 3. Notification No. 601-F.T., dated 10.07.2020. Seeks to provide relief to taxpayers by conditional waiver of late fee for delay in furnishing FORM GSTR-1 for specified period. 2. The above referred notifications have amended the parent notifications through which the relief from interest for late payment of GST and late fee for delay in furnishing of FORM GSTR-3B / FORM GSTR-1 was provided for the tax periods of February, March and April, 2020. Accordingly, the clarifications issued vide Trade Circular No. 03/2021, dated 06.05.2021 stand modified to the extent as detailed in the succeeding paragraphs to incorporate the decisions of the 40th meeting of the GST Council. In order to ensure uniformity in the implementation of the provisions of the law across the field formations, the Commissioner, in exercise of his powers conferred under section 168 of the West Bengal Goods and Services Tax Act, 2017 (hereinafter referred to as the WBGST Act ) clarifies the issues detailed below: Manner of calculation of interest for taxpayers having aggregate turnover above ₹ 5 Cr. 3.1 Vide notification No. 463-F.T., dated 15.04.2020, a conditional lower rate of interest was provided for various class of registered persons for the tax period of February, March and April, 2020. The same was clarified through Trade Circular No. 03/2021, dated 06.05.2021 (para 3, sl. No. 3, 4 and 5). It was clarified that in case the return for the said months are not furnished on or before the date mentioned in the notification No. 463-F.T., dated 15.04.2020, interest at 18% per annum shall be charged from the due date of return, till the date on which the return is filed. 3.2 The Government, vide notification No. 599-F.T., dated 10.07.2020 has removed the said condition. Accordingly, a lower rate of interest of NIL for first 15 days after the due date of filing return in FORM GSTR-3B and @ 9% thereafter till 24.06.2020 is notified. After the specified date, normal rate of interest i.e. 18% per annum shall be charged for any further period of delay in furnishing of the returns. 3.3 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: Table Sl. No. Date of filing GSTR-3B No. of days of 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 20.06.2020 61 Zero interest for 15 days, thereafter interest rate @9% p.a. for 46 days 4 24.06.2020 65 Zero interest for 15 days, thereafter interest rate @9% p.a. for 50 days 5 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 Manner of calculation of interest for taxpayers having aggregate turnover below ₹ 5 Cr. 4.1 For the taxpayers having aggregate turnover below ₹ 5 Crore, notification No. 463- F.T., dated 15.04.2020 provided a conditional NIL rate of interest for the tax period of February, March and April, 2020. The Government, vide notification No. 600-F.T., dated 10.07.2020 provided the NIL rate of interest till specified dates in the said notification and 9% per annum thereafter till 30th September, 2020. Similar relaxation of reduced rate of interest has been provided for the tax period of May, June and July 2020 also for the said class of registered persons having aggregate turnover below ₹ 5 Crore in the preceding financial year. The notification, thus, provides NIL rate of interest till specified dates and after the specified dates lower rate of 9% would apply till 30th September 2020. After 30th September, 2020, normal rate of interest i.e. 18% per annum shall be charged for any further period of delay in furnishing of the returns. 4.2 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) and June, 2020 (for registered persons for whom the due date of filing is 22.07.2020) is as illustrated in the Table below: Table S. No. Tax period Applicable rate of interest Date of filing GSTR-3B No. of days of delay Interest 1 March, 2020 Nil till the 3 rd day of July, 2020, and 9 per cent thereafter till the 30 th day of September, 2020 22.06.2020 61 Zero interest 2 22.09.2020 153 Zero interest for 72 days, thereafter interest rate @9% p.a. for 81 days 3 22.10.2020 183 Zero interest for 72 days, thereafter interest rate @9% p.a. for 89 days and interestrate @ 18% p.a. for 22 days 4 June, 2020 Nil till the 23 rd day of September, 2020, and 9 per cent thereafter till the 30 th day of September, 2020 28.08.2020 37 Zero interest 5 28.09.2020 68 Zero interest for 63 days, thereafter interest rate @9% p.a. for 5 days 6 28.10.2020 98 Zero interest for 63 days, thereafter interest rate @9% p.a. for 7 days and interest rate @18% p.a. for 28 days Manner of calculation of late fee 5.1 Vide notification No. 464-F.T., dated 15.04.2020, a conditional waiver of late fee was provided for the tax period of February, March and April, 2020, if the return in FORM GSTR-3B was filed by the date specified in the said notification. The same was clarified through Trade Circular No. 03/2021, dated 06.05.2021. 5.2 The Government, vide notification No. 600-F.T., dated 10.07.2020 has provided the revised dates for conditional waiver of late fee for the months of February, March and April, 2020 and extended the same for the months of May, June and July, 2020 for the small taxpayers. 5.3 It is clarified that the waiver of late fee is conditional to filing the return of the said tax period by the dates specified in the said notification. In case the returns in FORM GSTR- 3B for the said months are not furnished on or before the dates specified in the said notification, then late fee shall be payable from the due date of return, till the date on which the return is filed. 6. The contents of the Trade Circular No. 03/2021, dated 06.05.2021 are modified to this extent. It is requested that suitable trade notices may be issued to publicize the contents of this circular. 7. Difficulty, if any, in the implementation of the above instructions may please be brought to the notice of the Commissioner. 8. This Trade Circular shall be deemed to have come into force w.e.f. 24.06.2020. Sd/- (Khalid Aizaz Anwar) Commissioner, State Tax, West Bengal