Detailed analysis of CBIC Notifications issued on 3rd April 2020-COVID -19

The Central Board of Indirect Taxes and Customs(CBIC) has issued notifications and circular under GST Laws to implement the relief measures announced by Hon'ble Union Finance and Corporate Affairs Minister Smt. Nirmala Sitharaman on 24th of March 2020.

Summary of the relaxation in compliance and other measures under GST is presented in lucid manner for easy understanding -

A. Notification No - 30/2020-Central Tax dated 03-04-2020 - Extension of date for opt to pay tax U/s 10 i.e. for Composition Scheme -

B. Notification No - 31/2020-Central Tax dated 03-04-2020 - Waiver/Lower Rate of Interest for delay in Filing of GSTR 3B -

C. Notification No - 36/2020-Central Tax dated 03-04-2020- Notification for due date for furnishing Form GSTR 3B Return for the month of May 2020 -

D. Notification No - 32/2020-Central Tax dated 03-04-2020 - Waiver of late fees for the months of Feb' 20, Mar'20 and April'20for delay in Filing of GSTR 3B -

If the Taxpayer files Form GSTR 3B within the due dates as specified in the aforesaid Notification, then amount of late fee payable under section 47 shall stand waived for the tax period of Feb' 20, Mar'20 and April'20.

FAQ on computation of Interest as per Circular No. 136/06/2020-GST dated 3rd April, 2020 -

Query 1 - Whether due date of furnishing FORM GSTR-3B for months of February, March and April, 2020 has been extended ?

Response 1. The due dates for furnishing FORM GSTR-3B for the months of February, March and April, 2020 has not been extended.

2. However, as per notification No. 31/2020- Central Tax, dated 03.04.2020, NIL rate of interest for first 15 days after the due date of filing return in FORM GSTR-3B and reducedrate of interest @ 9% thereafter has been notified for those registered persons whose aggregate turnover in the preceding financial year is above Rs. 5 Crore. For those registered persons having turnover up to Rs. 5 Crore in the preceding financial year, NIL rate of interest has also been notified.

3. Further, Government has waived the late fees for delay in furnishing the return in FORM GSTR-3B for the months of February, March and April, 2020.

4. The lower rate of interest and waiver of late fee would be available only if due tax is paid by filing return in FORM GSTR-3B by the date(s) as specified in the Notification.

Query 2 - What are the conditions attached for availing the reduced rate of interest for the months of February, March and April, 2020, for a registered person whose aggregate turnover in the preceding financial year is above Rs. 5 Crore?

Response - 1. The reduced rate of interest is subject to the condition that the registered person must furnish the returns in FORM GSTR-3B on or before 24th day of June, 2020.

2. In case the returns in FORM GSTR-3B for the said months are not furnished on or before 24th day of June, 2020 then interest at 18% per annum shall be payable from the due date of return, till the date on which the return is filed. In addition, regular late fee shall also be leviable for such delay along with liability for penalty.

Brief - Interest waiver for taxpayers having turnover exceeding Rs 5 Crores is available only if GSTR 3B for Feb, Mar and April 2020 return is filed by 24th June 2020. If the Returns are not filed by 24th June, 2020 then even late fees shall be applicable.

Query 3 -How to calculate the interest for late payment of tax for the months of February, March and April, 2020 for a registered person whose aggregate turnover in preceding financial year is above Rs. 5 Crore?

Response - The rate of interest has been notified as Nil for first 15 days from the due date, and 9 per cent per annum thereafter, for the said months.

Illustration: Calculation of interest for delayed filing of return for the month of March, 2020 (due date of filing being 20.04.2020) may be illustrated as per the below Table:

Query -What are the conditions attached for availing the NIL rate of interest for the months of February, March and April, 2020, for a registered person whose aggregate turnover in preceding financial year is up to Rs. 5 Crore?

Response - 1. The due date for furnishing the return remains unchanged. The rate of interest has been notified as Nil for the said months.

2. The conditions for availing the NIL rate of interest is that the registered person must furnish the returns in FORM GSTR-3B on or before the date as mentioned in the notification No. 31/2020- Central Tax, dated 03.04.2020.

3. In case the return for the said months are not furnished on or before the date mentioned in the notification then interest at 18% per annum shall be charged from the due date of return, till the date on which the return is filed.

In addition, regular late fee shall also be leviable for such delay along with liability for penalty

E. Notification No - 32/2020-Central Tax dated 03-04-2020 - Waiver of late fees for delay in Filing of GSTR 3B -

If the Taxpayer files Form GSTR 3B by the due date, but furnishes the said details within the dates as specified in the aforesaid Notification, then amount of late fee payable under section 47 shall stand waived for the tax period of Feb' 20, Mar'20 and April'20 .

F. Notification No - 33/2020-Central Tax dated 03-04-2020 - Waiver of late fees for delay in Filing of 1-

Query - Whether the due date of furnishing the statement of outward supplies in FORM GSTR-1 under section 37 has been extended for the months of February, March and April 2020?

Response - As per the provisions of section 128 of the CGST Act, in terms of notification No. 33/2020- Central Tax, dated 03.04.2020, late fee leviable under section 47 has been waived for delay in furnishing the statement of outward supplies in FORM GSTR-1 under Section 37, for the tax periods March, 2020, April 2020, May, 2020 and quarter ending 31st March 2020 if the same are furnished on or before the 30th day of June, 2020.

G. Suspension of restriction under rule 36(4) of the CGST Rules during the lockdown period Notification No - 33/2020-Central Tax dated 03-04-2020 and Circular No. 136/06/2020-GST dated 3rd April, 2020 -

Vide notification No. 30/2020- Central Tax, dated 03.04.2020, a proviso has been inserted in CGST Rules 2017 to provide that the said condition shall not apply to input tax credit availed by the registered persons in the returns in FORM GSTR-3B for the months of February, March, April, May, June, July and August, 2020, but that the said condition shall apply cumulatively for the said period and that the return in FORM GSTR-3B for the tax period of September, 2020 shall be furnished with cumulative adjustment of input tax credit for the said months in accordance with the condition under rule 36(4).

H. Notification No - 34/2020-Central Tax dated 03-04-2020 - Extension of due date of furnishing FORM GST CMP-08 for the quarter ending March, 2020 till 7th July, 2020 and filing FORM GSTR-4 for FY 2020-21 till 15th July, 2020 (For Composition Dealers)-

I. Extend due date of compliance which falls during the period from "20.03.2020 to 29.06.2020" till 30.06.2020 and to extend validity of e-way bills -Notification No - 35/2020-Central Tax dated 03-04-2020 and Circular No. 136/06/2020-GST dated 3rd April, 2020 -

In terms of Notification No. 35/2020- Central Tax, dated 03.04.2020,Issued under the provisions of 168A of the CGST Act, where the validity of an e-way bill generated under rule138 of the CGST Rules expires during the period 20th day of March, 2020 to 15th day of April, 2020, the validity period of such e-way bill has been extended till the 30th day of April, 2020.

J. Due dates for filing returns for GST TDS, Input Service Distributor (ISD) and GST TCS -Notification No - 35/2020-Central Tax dated 03-04-2020 and Circular No. 136/06/2020-GST dated 3rd April, 2020-

K. Extension of Time limit for Issuance of notice, filing of appeal, furnishing of returns, completion of proceedings, etc.-Notification No - 35/2020-Central Tax dated 03-04-2020 and Circular No. 136/06/2020-GST dated 3rd April, 2020-