Highlights of Relief Measures & Other Amendments Under GST: ASC Legal, Solicitors and Advocates April 2020
Highlights of Relief Measures & Other Amendments Under GST: ASC Legal, Solicitors and Advocates April 2020
Highlights of Relief Measures & Other Amendments Under GST: ASC Legal, Solicitors and Advocates April 2020
The Covid-19 pandemic is having a massive impact on the global economy. The
Government of India has been significantly working to deal with the impact of the same.
Reports suggest that the gross Goods and Services Tax (GST) revenue collection in the
month of March 2020 has been INR 97,597 crore. The GST collections from domestic
transactions has shown 4% negative growth over the corresponding month of March 2019.
Whereas the GST collections from domestic transaction in during the Financial Year 2019-
2020 has shown 8% growth over last Financial Year 2018-2019.
Further, In view of the emergent situation and challenges faced by taxpayers in meeting the
compliance requirements under various provisions of the Central Goods and Services Tax
Act, 2017 (CGST Act) and the Central Goods and Services Tax Rules, 2017 (“CGST
Rules”), the Central Board of Excise and Customs (CBIC) has issued various Notification(s)
relating to statutory and regulatory compliance matters in GST.
In this regard, the relief measures relating to statutory compliance under GST and other
major amendments have been summarized hereunder:
In case of delayed filling of GST return in Form GSTR-3B for the period February, March,
April 2020, waiver of late fee and interest has been notified. The waiver of late fee and
interest would be available only if due tax is paid by filing GST return in Form GSTR-3B by
the specified date(s).
Taxpayers Having Aggregate Turnover More Than INR 5 crore in Preceding Financial Year
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9% p.a.
March 2020 April 20, 2020 Nil interest till Nil if Form
May 5, 2020 GSTR-3B filed
June 24, 2020 and thereafter on or before
9% p.a. June 24, 2020
April 2020 May 20, 2020 Nil interest till
June 4, 2020
and thereafter
9% p.a.
Taxpayers Having Aggregate Turnover of More Than INR 1.5 Crore but up to INR 5 crore in
the Preceding Financial Year
Note:
Vide Circular No. 136/06/2020-GST dated April 3, 2020, it has been clarified that, the due
date for furnishing GST return in Form GSTR-3B remains unchanged. i.e. 20th day of the
month succeeding such month. In other words, the due dates for furnishing Form GSTR-3B
for the months of February, March and April 2020 has not been extended.
Further, in case the returns in FORM GSTR-3B for the said months are not furnished on or
before the specified date(s), then interest at 18% per annum and late fee shall be payable
from the due date of return (20th of succeeding month), till the date on which such return in
Form GSTR-3B is filed.
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Relaxation With Respect to Restriction on Availment of Input Tax Credit under Rule
36(4) of CGST Rules
Rule 36(4) of CGST Rules, 2017 prescribes restriction on availment of input tax credit. In this
regard, it has been prescribed that input tax credit to be availed by a registered person in
respect of invoices/ debit notes which have not been uploaded by the suppliers (not
appearing in GSTR-2A of recipient) shall not exceed 10 per cent. of the eligible credit.
Other Amendments
The CBIC has issued multiple Notification(s) wherein Aadhar authentication has been made
mandatory for GST registration effective April 1, 2020.
A special procedure has been notified for registered persons who are corporate debtors
under the provision of the Insolvency and Bankruptcy Code, 2016. Such registered persons
are undergoing the Corporate Insolvency Resolution Process (CIRP) and the management
of whose affairs are being undertaken by interim resolution professionals (IRP) or resolution
professionals (RP).
In this regard such registered persons will have to follow special procedure (obtain
registration, fill return and will be eligible to claim input tax credit etc.) from the date of
appointment of the IRP/ RP till the period they undergo the CIRP.
Note:
Circular No.134/04/2020-GST dated March 23, 2020 has been issued to clarify various
issues in this regard.
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ASC Legal Comments
The decision of the Government to provide relief measures relating to various compliances
under GST is a welcome move, which will ease the burden for all the taxpayers.
Further, the decision to defer the restrictions on availment of input tax credit under Rule
36(4) of CGST Rules has been made on account of working capital issues being faced by
the industry amid the Covid-19 lockdown.
Implementation of e-invoicing, QR code and new return system has also been made keeping
in mind the operational issues of the Goods and Services Tax Network Portal.
One cannot deny that the Government has gone all out to support the industry by providing
such relief measures.
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