What is the last date of payment of tax for composition dealer ? Is it also assumed to be extend to 15.11 ...the date of return ? Or is it still 18.10
Vinod Araveti
(Practicing CA)
(1180 Points)
Replied 16 October 2017
Due date for payment is 15.11.2017
Sharukh Shaikh
(114 Points)
Replied 17 October 2017
RAJA P M
("Do the Right Thing...!!!")
(128091 Points)
Replied 17 October 2017
Muralidharan Rajalingam
(209 Points)
Replied 17 October 2017
RAJA P M
("Do the Right Thing...!!!")
(128091 Points)
Replied 17 October 2017
Vinod Araveti
(Practicing CA)
(1180 Points)
Replied 17 October 2017
In GST even if you pay the GST to the govt. without filing of return, then it won't be considered as you paid the liability.
It's not like earlier service tax where if you pay service tax and don't file the return then you are not liable for interest.
The conclusion is due date for payment and filing of return for compostion dealer is 15.11.2017. We can arrive at this coslusion because unless we offset the laibility it is not treated as liability paid to the government
Sampreeth Yathigiri
(Article Assistant)
(63 Points)
Replied 17 October 2017
Yes i agree with Mr. Vinod Araveti
Shivam Chomal
(498 Points)
Replied 17 October 2017
As some have taken view that only return filing date has been extended till 15th Nov as notification has reflected just Sec 39(2), so the payment date will still be earlier i.e 18th oct. Sec 39(7) of the CGST Act specifies that a person furnishing return u/s 39(2) is required to pay tax to the government not later than last date on which he is required to furnish such return.
So, until and unless a notification comes specifying payment date to be 18th oct, lawfully it will be last date of filing of return u/s 39(2) which has been specified for this quarter to be 15th Nov.
RAJA P M
("Do the Right Thing...!!!")
(128091 Points)
Replied 17 October 2017
Vinod Araveti
(Practicing CA)
(1180 Points)
Replied 17 October 2017
@ Raja P M
Kindly go through the last para of reply given by Mr. Sivam Chomal... he is specifying that due date for payment is last date of filing of return. As the last date for filing return is 15.11.2017, the due date for payment is also same.
RAJA P M
("Do the Right Thing...!!!")
(128091 Points)
Replied 17 October 2017
Shivam Chomal
(498 Points)
Replied 17 October 2017
Originally posted by : RAJA P M | ||
Yes... I know. But, I can't agreed that. Just appreciate his point of view that's all... But, Payment date is S just 18th October... |
Please specify the facts in support of your opinion!
RAJA P M
("Do the Right Thing...!!!")
(128091 Points)
Replied 17 October 2017
Notification No. 41/2017 – Central Tax
New Delhi, the 13th October, 2017
G.S.R. …..(E).—In exercise of the powers conferred by sub-section (6) of section 39 read with section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Commissioner hereby extends the time limit for furnishing the return by a composition supplier, in FORM GSTR-4, under sub-section (2) of section 39 of the said Act read with rule 62 of the Central Goods and Services Tax Rules, 2017 for the quarter July to September, 2017 till the 15th day of November, 2017.
sub-section (6) of section 39
((6) The Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein:
Provided that any extension of time limit notified by the Commissioner of State tax or Union territory tax shall be deemed to be notified by the Commissioner.)
read with section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Commissioner hereby extends the time limit for furnishing the return by a composition supplier, in FORM GSTR-4, under sub-section (2) of section 39
((2) A registered person paying tax under the provisions of section 10 shall, for each quarter or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, of turnover in the State or Union territory, inward supplies of goods or services or both, tax payable and tax paid within eighteen days after the end of such quarter.)
of the said Act read with rule 62 of the Central Goods and Services Tax Rules, 2017 for the quarter July to September, 2017 till the 15th day of November, 2017.
Vinod Araveti
(Practicing CA)
(1180 Points)
Replied 17 October 2017
You have given the extraction of various sections and notificaion details...Please explain us how you have interpreted provisons to take that opinion...........