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TMI Blog2021 (3) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... f section 47(2) thereof, we do not find that non-extension of the time-limit beyond 28.02.2021 would lead to any extinguishment of right - It is found from the written instructions dated 25.02.2021 that vide notification No.77 of 2020 - Central Tax dated 15.10.2020 filing of annual return in the prescribed form for businesses with annual turnover upto ₹ 2 crores has been made optional for the financial years 2017-18, 2018-19 and 2019- 20; and for businesses with annual turnover upto ₹ 5 crores filing of the prescribed form for the financial years 2018-19 and 2019-20 has been waived off vide notification No.79/2000 - Central Tax dated 15.10.2020. Also, it is noteworthy that it is the professional body of GST practitioners and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rns for the year 2019-20 in the State of Maharashtra under section 44 of the Central Goods and Services Tax Act, 2017 read with Rule 80 of the Central Goods and Services Tax Rules, 2017 upto 30.06.2021. 3. It is submitted that in terms of section 44 of the Central Goods and Services Tax Act, 2017 (briefly the CGST Act hereinafter) and rule 80 of the Central Goods and Services Tax Rules, 2017 (briefly the CGST Rules hereinafter), every registered person is required to file annual return for every financial year in the electronic form before 31st day of December following the end of such financial year. In the case of the financial year 2019-20, the date for filing such annual return was 31.12.2020. By notification No.95/2020 dated 30. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition has been filed seeking the reliefs as indicated above. 7. Mr. Joshi, learned counsel for the petitioners submits that following amendment to section 44 of the Maharashtra Goods and Services Tax Act, 2017, a proviso has been inserted therein as per which the Commissioner may on the recommendation of the GST Council and for reasons to be recorded in writing by a notification extend the timelimit for furnishing the annual return for such class of registered persons as may be specified therein. Further, any extension of time-limit notified by the Commissioner of Central Tax shall be deemed to be notified by the Commissioner under the Maharashtra Goods and Services Tax Act, 2017. He further submits that there is no involvement of reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nerate. He submits therefrom that the government has been considerate of the difficulties faced by the tax payers due to covid-19 pandemic and accordingly, the due date for filing annual returns and reconciliation statements has been extended. Timeline for filing such return and statement for the financial year 2019-20 has already been extended from 31.12.2020 to 28.02.2021 considering the difficulties faced by the tax payers. It is stated that annual return prescribed under section 44 of the CGST Act is not a new compliance; rather is is a reconciliation of GST returns filed by the tax payer. Audit being an important compliance-verification tool in self-assessment regime, effectiveness of tax administration would be compromised if the due ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20 - Central Tax dated 15.10.2020 filing of annual return in the prescribed form for businesses with annual turnover upto ₹ 2 crores has been made optional for the financial years 2017-18, 2018-19 and 2019- 20; and for businesses with annual turnover upto ₹ 5 crores filing of the prescribed form for the financial years 2018-19 and 2019-20 has been waived off vide notification No.79/2000 - Central Tax dated 15.10.2020. We also take note of the fact that it is the professional body of GST practitioners who are before us and not any individual taxable person expressing any difficulty in adhering to the extended timeline of 28.02.2021. 12. In the circumstances, Court is not inclined to entertain the writ petition. Writ petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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