Highlights of Relief Measures & Other Amendments Under GST: ASC Legal, Solicitors and Advocates April 2020

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ASC Legal, Solicitors and Advocates April 2020

Highlights of Relief Measures & Other Amendments under GST

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:

Waiver of Late Fee & Interest

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).

The same has been tabulated below:

Taxpayers Having Aggregate Turnover More Than INR 5 crore in Preceding Financial Year

Tax Period Due Date Specified Date Interest Late Fee


February 2020 March 20, 2020 Nil interest till
April 4, 2020
and thereafter

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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

Tax Period Due Date Specified Date Interest Late Fee


February 2020 March 20, 2020 June 29, 2020 Nil interest if Nil if Form
Form GSTR- GSTR-3B filed
3B filed on or on or before
before June June 29, 2020
29, 2020
March 2020 April 20, 2020 June 29, 2020 Nil interest if Nil if Form
Form GSTR- GSTR-3B filed
3B filed on or on or before
before June June 29, 2020
29, 2020
April 2020 May 20, 2020 June 30, 2020 Nil interest if Nil if Form
Form GSTR- GSTR-3B filed
3B filed on or on or before
before June June 30, 2020
30, 2020

(Notification No. 31/2020 - Central Tax, dated April 3, 2020)

(Notification No. 32/2020 - Central Tax, dated April 3, 2020)

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

Aadhar Authentication for GST Registration

The CBIC has issued multiple Notification(s) wherein Aadhar authentication has been made
mandatory for GST registration effective April 1, 2020.

(Notification No. 16/2020 - Central Tax dated March 23, 2020)

(Notification No. 17/2020 - Central Tax dated March 23, 2020)

(Notification No. 18/2020 - Central Tax dated March 23, 2020)

(Notification No. 19/2020 - Central Tax dated March 23, 2020)

Special Procedure Prescribed for Corporate Debtors Undergoing Corporate Insolvency


Resolution Process Under the Insolvency and Bankruptcy Code, 2016

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.

(Notification No. 11/2020 - Central Tax dated March 21, 2020)

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.

FOR PRIVATE CIRCULATION ONLY


Disclaimer: The contents of this update is based on extant laws, rules and regulations
made thereunder at the time of compiling of the said newsletter. This newsletter is for
information and general guidance purposes only. We have no responsibility for the
persistence and the accuracy of the information relied upon for the purposes of
compiling this newsletter and the said update does not constitute any professional
advice. One should not act upon the information contained in this update without
obtaining specific professional advice. No representation or warranty (express or
Implied) is given as to the accuracy or completeness of the information contained in
this news update and ASC Legal disclaims all responsibility for any damage caused by
error/ omissions whether arising from negligence, accident or any other cause to any
person acting or refraining from action as a result of this professional update

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