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Compliance related Relaxations under GST during lockdown

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..... Compliance related Relaxations under GST during lockdown - By: - Hemant Gupta - Goods and Services Tax - GST - Dated:- 20-4-2020 - - Under GST Act Ministry of Finance through Central Board of Indirect Taxes and Customs have notified, certain notifications vide number 30/2020 to 36/2020 dated 03 rd April,2020 giving relaxation in lieu of upcoming GST Compliances. Same are summarized below for ease of reference: Notification 30/2020-CT: Relaxation to Composition Taxpayers ITC u/r 36(4) Notification 34/2020-CT: Relaxation to Composition Taxpayers in filing compliances Extension in .....

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..... Due Dates related to Composition Taxpayers Matter Applicable Form New Due Date Opting for composition scheme for Financial Year 2020-2021 CMP-02 30 th June,2020 Payment of Input Tax Credit on value of closing stock because of opting in composition ITC-03 31 st July,2020 Applicability of Rule 36(4) of CGST Rules,2017 The application of Rule 36(4) in lieu of calculation of eligible claimable Input Tax Credit shall be done cumulatively for the months of February,2020 to September,2020 and accordingly necessary eff .....

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..... ect shall be given while filing GSTR-3B of September,2019. Extension in Due Dates related to filing of compliances Matter Applicable Form New Due Date Filing of Composition Annual Return for FY 2019-2020 GSTR-4 15 th July,2020 Payment of Composition Tax for quarter ending 31 st March,2020 CMP-08 07 th July,2020 Notification 31/2020-CT: Relaxation in Interest payable on delayed payment of GST Notification 32/2020-CT: .....

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..... Relaxation in late fees payable on delayed filing of GSTR-3B About above 2 notifications, at the outset we need to mention that original due dates of filing of GSTR-3B has not been extended for the months of February,20 to April,20. It is only conditional relaxation in Interest and late fees which shall be allowed by government, only if, GSTR-3B for the months of February,20 to April,20 are filed by the dates given in the notification. In case GSTR-3B is not filed by given dates Interest @ 18% shall be calculated from the original due date and late fees shall also be calculated from the original due date. Same is summarized in the succeeding pages: Category .....

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..... Applicable on Relaxation Conditions Taxpayers having aggregate turnover more than ₹ 5 Cr in previous F.Y. GSTR-3B for: February,20 March,20 April,20 Interest shall be NIL, if GSTR-3B filed within 15 days from original due date after 15 days interest will be charged @9% p.a. Total Late fees shall be waived GSTR-3B shall be filed as per prescribed schedule below: Month Date February,2020 24.06.2020 .....

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..... March,2020 April, 2020 Taxpayers having aggregate turnover more than ₹ 1.5 Cr and upto ₹ 5 Cr in previous F.Y. GSTR-3B for: February,20 March,20 April,20 Interest shall be NIL, if GSTR-3B is filed within prescribed schedule Total Late fees shall be waived GSTR-3B shall be filed as per prescribed schedule below: Month Date February,2020 29.06.2020 .....

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..... March,2020 April, 2020 30.06.2020 Taxpayers having aggregate upto ₹ 1.5 Cr in previous F.Y. GSTR-3B for: February,20 March,20 April,20 Interest shall be NIL, if GSTR-3B is filed within prescribed schedule. Total Late fees shall be waive GSTR-3B shall be filed as per prescribed schedule below: Month Date February,2020 30.06.2020 M .....

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..... arch,2020 03.07.2020 April, 2020 06.07.2020 Furthermore, an illustration for category 1 taxpayers is given below which has been exactly picked up from Circular No. 136/06/2020-GST dated 03.04.2020 . In illustration, GSTR-3B for March,2020 is considered, wherein due date will be 20.04.2020 Date of filing GSTR-3B No. of days of delay Relief Eligible? Interest 02.05.2020 11 Yes Zero interest 20.05.2020 30 .....

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..... Yes Zero interest for 15 days + interest rate @9% p.a. for 15 days 20.06.2020 61 Yes Zero interest for 15 days + interest rate @9% p.a. for 46 days 24.06.2020 65 Yes Zero interest for 15 days + interest rate @9% p.a. for 50 days 30.06.2020 71 No Interest rate @18% p.a. for 71 days (i.e. no benefit of Reduced interest) Notification 33/2020-CT: Relaxation in late fees payable on delayed filing of GSTR-1 .....

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..... Category Applicable on Relaxation Conditions Taxpayers having aggregate turnover more than ₹ 1.50 Cr in previous F.Y. (Monthly Filers) GSTR-1 for: March,20 April,20 May,20 Total Late fees shall be waived GSTR-1 shall be filed on or before 30 th June,2020 Taxpayers having aggregate upto ₹ 1.5 Cr in previous F.Y. (Quarterly Filers) GSTR-1 for quarter ending March,2020 Total Late fees shall be waived .....

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..... GSTR-1 shall be filed on or before 30 th June,2020 Notification 35/2020-CT: General Relaxation with some exceptions The notification states that wherever any time limit or due date for any sort of compliances like, submission of reply, passing of order, issuance of notice, completion of any proceedings, filing of appeal etc. is falling due between 20 th March,2020 to 29 th June,2020, then all such dates shall be extended upto 30 th June,2020. But the extension shall not apply to following: - Exceptions Chapter-IV of the Act compliances Time and Va .....

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..... lue of supply Section 10(3) Date on which turnover exceeds the limit prescribed under composition Section-25 Time limit for applying registration under the Act. Section-27 Registration time limit allowed to casual traders Section-31 Time limit for issuance of Tax invoice Section-37 Filing details outward supplies ( because this has been separately dealt) Section-47 Levy of late fees ( because this has been separately dealt) Section-50 C .....

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..... harging of Interest ( because this has been separately dealt) Section-69 Power to Arrest Section-90 Liability of Partners of firm to pay taxes Section-122 Levy pf Penalties Section-129 Detention of Goods and Vehicles carrying the goods in transit Section-39 Filing of Returns, however this shall not apply to: GSTR-7 (Return of TDS/TCS) GSTR-6 (Return by Input Service Distributor) GSTR-5 (Return by registered Non-resident taxable person) Section-68 .....

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..... Inspection of Goods in movement Rules made under all the above sections Extension of E-way bill validity Further, in the same notification, it has been stated that all the E-way bills that are expiring between 20.03.2020 to 15.04.2020 shall be valid upto 30.04.2020. Notification 36/2020-CT: Extension of Due date for GSTR-3B of May,2020 Category Applicable on New Due Date Taxpayers having aggregate turnover more than ` 5 Cr in previous .....

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..... F.Y. All States 27th June,2020 Taxpayers having aggregate turnover upto ` 5 Cr in previous F.Y. 14 States / UT: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the UT of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands, Lakshadweep 12th July ,2020 Taxpayers having aggregate turnover upto ` 5 Cr in previous F.Y. 22 States / UT: Himachal Pradesh, Punjab, Uttarakhand, Haryana, .....

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..... Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, the UT of Jammu and Kashmir, Ladakh, Chandigarh, Delhi 14th July, 2020 - - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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