Entire country is facing tough times of COVID-19 and lockdowns and curfews are hampering businesses and routine operations everywhere. Considering the same, the government has granted certain relief to taxpayers by granting following extension in due dates for the month of March 21 and April 21 for various compliance under GST Law.
1. Extension in due dates under Goods and Service Tax – updated as per 43rd GST council meeting
1.1 Various relaxation in Late Fee for GST returns and Interest on delay payment of taxes
GST Returns | Tax Period | Original Date | Due date of Payment of tax along with applicable Interest Rate | GST return due date with NIL Penalties | |||
GST return | Payment of Taxes | Due date with no Interest | Due date with 9% interest | Due date with 18% Interest | |||
GSTR 3B: Having aggregate turnover of more than 5 Crores during preceding year | March, 2021 | 20 April, 2021 | 20 April, 2021 | Upto 5 May, 2021 (15 Days) | Between 6th May, 2021 to 19th June, 2021 (Further 45 days) | From 20th June, 2021 onwards | 19th June, 2021 (60 Days) |
April, 2021 | 20 May, 2021 | 20 May, 2021 | Upto 4th June, 2021 (15 Days) | Between 5th June, 2021 to 4th July, 2021 (Further 30 days) | From 4th July, 2021 onwards | 19th June, 2021 (30 days) | |
May, 2021 | 20th June, 2021 | 20th June, 2021 | Upto 20th June, 2021 (No Extension) | Between 21st June, 2021 to 5th July, 2021 (15 Days) | From 6th July, 2021 onwards | 5th July, 2021 (15 Days) | |
GSTR 3B: Aggregate turnover of upto 5 Crores during preceding year and who has opted for monthly filing of return under QRMP | March, 2021 | 20 April, 2021 | 20 April, 2021 | Upto 5th May, 2021 (15 Days) | Between 6th May, 2021 to 19th June, 2021 (Further 45 Days) | From 20th June, 2021 onwards | 19th June, 2021 (60 Days) |
April, 2021 | 20th May, 2021 | 20th May, 2021 | Up to 4th June 2021 (15 Days) | Between 05 June 2021 to 4th July 2021 (Further 30 days) | From 5th July 2021 onwards | 19th June 2021 (30 Days) | |
May, 2021 | 20th June, 2021 | 20th June, 2021 | Upto 5th July, 2021 (15 Days) | Between 6th July, 2021 to 20th July, 2021 (Further 15 Days) | From 21st July, 2021 onwards | 5th July,2021 (15 Days) | |
GSTR 3B: Aggregate turnover of upto 5 Crores during preceding year and who has opted for Quarterly filing of return under QRMP (category X states/UT*) | March, 2021 | 22 April, 2021 | 22 April, 2021 | Up to 7th May 2021 (15 Days) | Between 8th May 2021 to 21th June, 2021 (Further 45 Days) | From 22nd June, 2021 onwards | 21st June, 2021 (60 Days) |
April, 2021 | NA | 25 May, 2021 | Up to 9 June 2021 (15 Days) | Between 10 June 2021 to 9th July 2021 (Further 30 days) | From 10th July 2021 onwards | NA | |
May, 2021 | NA | 25th June, 2021 | 10th July, 2021 | Between 11th July, 2021 to 25th July,2021 (Further 15 days) | From 26th July, 2021 onwards | NA | |
GSTR 3B: Aggregate turnover of upto 5 Crores during preceding year and who has opted for Quarterly filing of return under QRMP (category Y states/UT**) | March, 2021 | 24 April, 2021 | 24 April, 2021 | Up to 9 May 2021 | Between 10th May, 2021 to 24th June, 2021 ( Further 45 Days) | From 24th June, 2021 onwards | 23rd June, 2021 (60 Days) |
April, 2021 | NA | 25 May, 2021 | Up to 9 June 2021 | Between 10 June 2021 to 9th July 2021 (Further 30 days) | From 10th July, 2021 onwards | NA | |
May, 2021 | NA | 25th June , 2021 | 10th July, 2021 | Between 11th July 2021 to 25th July, 2021 (Further 15 days) | From 26th July, 2021 onwards | NA | |
GST CMP-08: Taxpayer opted for Composition Scheme | January to March, 2021 | 18 April 2021 | 18 April 2021 | 3 May 2021 (15 Days) | Between 4 May 2021 to 17th June 2021 (Further 45 Days) | From 18th June, 2021 onwards | 17th June, 2021 (60 Days) |
GSTR – 4 Annual Return for dealers opted for Composition Scheme for FY 2020-21 | FY 2021-21 | 30 April 2021 | NA | NA | NA | NA | 31 July, 2021 |
GST ITC-04: | FY 2021-21 | 25 April 2021 | NA | NA | NA | NA | 30th June, 2021 |
GSTR-1: | April 2021 | 11 May 2021 | NA | NA | NA | NA | 26 June, 2021 (15 Days) |
IFF Details: | April 2021 | 13 May 2021 | NA | NA | NA | NA | 28th June, 2021 (15 Days) |
* Category X states-Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana and Andhra Pradesh, the Union territories of Daman and Diu, Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep
** Category Y States-Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand and Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi
Note: Updated as per direction under 43rd GST council meetings
Refer:
- For GSTR 3B: Notification No. 08/2021 – Central Tax and Notification No. 09/2021 – Central Tax dated 01.05.2021
- For GST CMP-08: Central Tax and Notification No. 09/2021 – Central Tax dated 01.05.2021
- For GST 4: Notification No. 10/2021 – Central Tax dated 01.05.2021
- For GST ITC 04: Notification No. 11/2021 – Central Tax dated 01.05.2021
- For GSTR 1: Notification No. 12/2021 – Central Tax dated 01.05.2021
- For IFF Detail: Notification No. 13/2021 – Central Tax dated 01.05.2021
1.2 Other Relaxations under GST
- Rule 36(4) of CGST Rules, 2017 is to be applied cumulatively for the Month of April and May, 2021. GSTR-3B for the month of May, 2021 shall be filed by considering the cumulative adjustment of ITC for the month of April and May, 2021.
- Any time limit, with respect to following, falling within the period of 15th April, 2021 to 30th May, 2021 shall be extended till 31st May, 2021:
- Completion of proceedings or passing of order or issuance of notice, intimation, notification, sanction or approval by any authority, commission or tribunal; or
- filing of any appeal, reply or application or furnishing of any report, document, return, statement.
However, such extension shall not apply to compliance provided under following provisions:
- Chapter IV of CGST ACt 2017: Time and Value of supply
- Section 10(3): Specifies that the option of composition scheme shall come to an end from day on which aggregate turnover during the Financial year exceeds the specified limit.
- Section 25: Registration Procedure under GST
- Section 27: Provisions related to Casual Taxable Person and Non-resident taxable person
- Section 31: Tax Invoice
- Section 37: Furnishing detail of outward supplies
- Section 47:Levy of Late Fee
- Section 50: Interest on delayed payment of Taxes
- Section 69: Power to Arrest
- Section 90:Liability of partners of firm to pay tax.
- Section 122: Penalty for certain offences.
- Section 129:Detention, seizure and release of goods and conveyances in transit.
- Section 39(3): Due date of filing of TDS return
- Section 39(4): Return by Input Service Distributor
- Section 39(5): Return by Non-resident Taxable Person
- Section 68, as far as related to the provisions of e-waybill: Inspection of goods in movement
Therefore, if any due date or compliance is falling in above mentioned sections then no extension is granted for the same.
3. Time limit for verification of GST registration application, as specified under Rule 9 of CGST Rules, falling between the period from 1st May, 2021 to 31st May, 2021 shall be considered as extended till 15th June, 2021.
4. Time limit of issuance of refund order under section 54(5) of CGST Act (order in form GST RFD-06 for sanctioning refund amount) read with Section 54(7) (Time limit of issuance of order under section 54(5)) of CGST Act, falling between the period from 15th April, 2021 to 30th May, 2021 shall be considered as extended till later of the following dates:
- 15 days from date of receipt of reply to the notice from registered person; or
- 31st May, 2021
2. Extension in due dates under Income Tax
Due dates of following compliances under Income tax have been extended vide Circular No..8/2021 in F. No. 225/49/2021/ITA-II dated 30.04.2021 followed by press release dated 01.05.2021:
2.1 Extension in ITR for FY 2019-20
Compliance | Original Due Date | Extended Due date |
Belated Income tax return u/s 39(4) for A.Y. 2020-21 | 31st March, 2021 | 31st May, 2021 |
Revised Income Tax Return u/s 39(5) for A.Y. 2020-21 | 31st March, 2021 | 31st May, 2021 |
Income tax return in response to notice issued under section 148 of income Tax | Last date of filing of return in notice is 1st april, 2021 or thereafter | Later of:
|
Appeal to Commissioner (Appeals) | 1st April, 2021 or thereafter | Later of:
|
Objection to Dispute Resolution Tribunal | 1st April, 2021 or thereafter | Later of:
|
Payment and filing of challan-cum-statement for TDS deducted u/s 194-IA, 194-IB and 194M | 30th April, 2021 | 31st May, 2021 |
Statement in Form-61 | 30th April, 2021 | 31st May, 2021 |
Therefore, In continuation of extension granted earlier, considering the severe impact of pandemic COVID-19, Income Tax Department granted relief for various other due dates of TDS/TCS return filing, SFT statement filing, Income Tax return filing and various other vide Press releases dated 20th May, 2021 and Circular No.9/2021 in F.No.225/49/2021/ITA-II dated 20th May, 2021
Gist of extensions granted is as follows:
2.2 TDS/TCS Return filing
Form/Statement | Applicability | Period | Original Due Date | Extended Due Date |
Statement of TDS deducted in Form 24Q or 26Q | Form 24Q- Return of TDS deducted on SalariesForm 26Q- Return of TDS deducted on expenses other than salary | Q4 of FY 2020-21 | 31st May, 2021 | 30th June, 2021 |
Certificate of TDS deducted in Form 16 | Certificate to be issued for TDS deducted on salaries | Q4 of FY 2020-21 | 15th June, 2021 | 15th July, 2021 |
TDS/TCS book adjustment statement in Form 24G | TDS Deduction by an office of the government | May, 2021 | 15th June, 2021 | 30th June, 2021 |
Statement of Deduction of Tax from contributions paid by the trustees of an approved superannuation fund | FY 2020-21 | 31st May, 2021 | 30th June, 2021 |
2.3 Income Tax Return and Audit Report filing
Form/Statement | Period | Original Due Date | Extended Due Date |
Income Tax return-By the person who is required to get his accounts audited under section 44AB of Income Tax Act or any other law | F.Y. 2020-21 | 31st October, 2021 | 30th November, 2021 |
Income Tax Return- By partner of the firm who is required to get his accounts audited | FY 2020-21 | 31st October, 2021 | 30th November, 2021 |
Income Tax Return- By Company | FY 2020-21 | 31st October, 2021 | 30th November, 2021 |
Income Tax Return-By person who is required to furnish audit report with respect to international transaction or specified domestic transactionUnder section 92E of Income Tax Act | FY 2020-21 | 30th November, 2021 | 31st December, 2021 |
Income Tax Return-By Any other person | FY 2020-21 | 31st July, 2021 | 30th September, 2021 |
Belated/Revised Income Tax Return under section 139(4)/139(5) of Income Tax Act | FY 2020-21 | 31st December, 2021 | 31st January, 2022 |
Tax Audit Report | F.Y. 2020-21 | 30th September, 2021 | 31st October, 2021 |
Audit report for persons entering into international transaction or specified domestic transaction | F.Y. 2020-21 | 31st October, 2021 | 30th November, 2021 |
Note:
- Above mentioned extension of due dates of Income Tax return filing shall not apply for computation of Interest under Section 234A of Income Tax Act, 1961, i.e., Interest on Delay or non-submission of Income Tax Return, where net amount of tax payable (after deducting TDS and Advance Tax) exceeds INR 1,00,000.
2.4 Other Extensions under Income tax
Form/Statement | Applicability | Period | Original Due Date | Extended Due Date |
Statement of Financial Transactions (“SFT”) in Form 61A under Rule 114E of Income Tax Rules, 1962 | Reporting is required to be made by a specific class of persons for specified transactions. Know more about transactions to be reported in SFT | F.Y. 2020-21 | 31st May, 2021 | 30th June, 2021 |
Form 61B under Rule 114G of Income Tax Rules | Statement of Reportable Account where Information is required to be maintained and reported by reporting Financial Institutions with respect to reportable account. | Calendar Year 2020 | 31st May, 2021 | 30th June, 2021 |
Form 64D | Statement of Income paid or credited by Investment Fund to its unit holder furnished to the Principal Commissioner or Commissioner of Income Tax | FY 2020-21 | 15th June, 2021 | 30th June, 2021 |
Form 64C | Statement of Income paid or credited by Investment Fund to its unit holder furnished to the unit holders | FY 2020-21 | 30th June, 2021 | 15th July, 2021 |