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 - 95/2020-GST

GOVERNMENT OF ASSAM OFFICE OF THE COMMISSIONER OF TAXES, ASSAM :: KAR BHAWAN DISPUR, GUWAHATI-6 Circular No. CT/GST-15/2017/389 (95/2020-GST), dated November 09, 2020. Subject : 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) Regarding Circular No. 89/2020-GST, dated April 21, 2020 was issued by the Commissioner of State tax 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 June 12, 2020, recommended further relief to the taxpayers and accordingly, following notifications have been issued : S l. No. Notification No. Remarks 1. FTX.56/2017/Pt-I/445, dated August 19, 2020. Seeks to provide relief to taxpayers by reducing the rate of interest from 18 per cent. per annum to nine per cent. per annum for specified period. 2. FTX.56/2017/Pt-I/447, dated August 19, 2020. Seeks to provide relief to taxpayers by conditional waiver of late fee for delay in furnishing Form GSTR-3B for specified period. 3. FTX.56/2017/Pt-I/447, dated August 19, 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 Circular No. 89/2020-GST, dated April 21, 2020 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, in exercise of its powers conferred under section 168 of the Assam Goods and Services Tax Act, 2017 (hereinafter referred to as the AGST Act ) clarifies the issues detailed below : Manner of calculation of interest for taxpayers having aggregate turnover above Rs. 5 crores. 3.1 Vide Notification No. FTX.56//2017/Pt-II/560, dated May 22, 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 Circular No. 89/2020-GST, dated 21, 2020 (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. FTX.56//2017/Pt-II/560, dated May 22, 20201, interest at 18 per cent. 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. FTX.56/2017/Pt-I/445, dated August 19, 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 at nine per cent. thereafter till June 24, 2020 is notified. After the specified date, normal rate of interest, i. e., 18 per cent. 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 April 20, 2020) is as illustrated in the Table below : TABLE Sl. No. Date of filing GSTR-3B No. of days of delay Interest 1 2-5-2020 12 Zero interest 2 20-5-2020 30 Zero interest for 15 days, thereafter interest rate at nine per cent. per annum for 15 days 3 20-6-2020 61 Zero interest for 15 days, thereafter interest rate at nine per cent. per annum for 46 days 4 24-6-2020 65 Zero interest for 15 days, thereafter interest rate at nine per cent. per annum for 50 days 5 30-6-2020 71 Zero interest for 15 days, thereafter interest rate at nine per cent. per annum for 50 days and interest rate at 18 per cent. per annum for six days. Manner of calculation of interest for taxpayers having aggregate turnover below Rs. 5 crores. For the taxpayers having aggregate turnover below Rs. 5 crore, Notification No. FTX.56//2017/Pt-II/560, dated May 22, 2020 provided a conditional Nil rate of interest for the tax period of February, March and April, 2020. The Government, vide Notification No. FTX.56/2017/Pt-1/447, dated August 19, 2020 provided the Nil rate of interest till specified dates in the said notification and nine per cent. 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 Rs. 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 nine per cent. would apply till 30th September 2020. After 30thSeptember, 2020, normal rate of interest, i.e., 18 per cent. per annum shall be charged for any further period of delay in furnishing of the returns. 4.1 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 April 22, 2020) and June, 2020 (for registered persons for whom the due date of filing is July 22, 2020) is as illustrated in the Table below : TABLE Sl. No. Tax period Applicable rate of interest Date of filing GSTR-3B No. of days of delay Interest 1 March, 2020 Nil till the 3rd day of July, 2020, and 9 per cent thereafter till the 30th day of September, 2020 22-6-2020 61 Zero interest 2 22-9-2020 153 Zero interest for 72 days, thereafter interest rate at nine per cent. per annum for 81 days 3 22-10-2020 183 Zero interest for 72 days, thereafter interest rate at nine per cent. p.a. for 89 days and interest rate at 18 per cent. per annum for 22 days 4 June, 2020 Nil till the 23rd day of September, 2020, and nine per cent thereafter till the 30th day of September, 2020 28-8-2020 37 Zero interest 5 28-9-2020 68 Zero interest for 63 days, thereafter interest rate at nine per cent per annum for five days. 6 28-10-2020 98 Zero interest for 63 days, thereafter interest rate at nine per cent. p.a. for seven days and interest rate at 18 per cent. per annum for 28 days. Manner of calculation of late fee : 5.1 Vide Notification No. FTX.56//2017/Pt-II/562, dated May 22, 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 Circular No. 89/2020-GST, dated April 21, 2020 . 5.2 The Government, vide Notification No. FTX.56/2017/Pt-I/447, dated August 19, 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 Circular No. 89/2020-GST, dated April 21, 20202 are modified to this extent. 7. This circular is clarificatory in nature and not meant for any interpretation of provisions of the Act and rules. 8. Difficulties, if any, in implementation of the above instructions may be brought to the notice of the Commissioner at an early date. 9. This circular shall be deemed to have been issued on 24th June, 2020. Commissioner of State Ta x