Extension in statutory compliance due to COVID-19

Extension in statutory compliances due to COVID-19

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:
Return of Goods send and received from job worker for Q4 of FY 2020-21

FY 2021-21 25 April 2021 NA NA NA NA 30th June,  2021

GSTR-1:
Details of outward supplies

April 2021 11 May 2021 NA NA NA NA

26 June, 2021

(15 Days)

IFF Details:
Details of B2B Supplies by dealers opted for Quarterly filing of return under QRMP

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

  1. 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.
  2. 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:
    1. Completion of proceedings or passing of order or issuance of notice, intimation, notification, sanction or approval by any authority, commission or tribunal; or
    2. 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:

  1. Chapter IV of CGST ACt 2017: Time and Value of supply
  2. 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.
  3. Section 25: Registration Procedure under GST
  4. Section 27: Provisions related to Casual Taxable Person and Non-resident taxable person
  5. Section 31: Tax Invoice
  6. Section 37: Furnishing detail of outward supplies
  7. Section 47:Levy of Late Fee
  8. Section 50: Interest on delayed payment of Taxes
  9. Section 69: Power to Arrest
  10. Section 90:Liability of partners of firm to pay tax.
  11. Section 122: Penalty for certain offences.
  12. Section 129:Detention, seizure and release of goods and conveyances in transit.
  13. Section 39(3): Due date of filing of TDS return
  14. Section 39(4): Return by Input Service Distributor
  15. Section 39(5): Return by Non-resident Taxable Person
  16. 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:

  1. 15 days from date of receipt of reply to the notice from registered person; or
  2. 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:

  1. Time allowed under notice; or
  2. 31st May, 2021

Appeal to Commissioner (Appeals)

1st April, 2021 or thereafter

Later of:

  1. Time provided under the section; or
  2. 31st May, 2021

Objection to Dispute Resolution Tribunal

1st April, 2021 or thereafter

Later of:

  1. Time provided under the section; or
  2. 31st May, 2021

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/StatementApplicabilityPeriodOriginal Due DateExtended Due Date
Statement of TDS deducted in Form 24Q or 26QForm 24Q- Return of TDS deducted on SalariesForm 26Q- Return of TDS deducted on expenses other than salary Q4 of FY 2020-2131st May, 202130th June, 2021
Certificate of TDS deducted in Form 16Certificate to be issued for TDS deducted on salariesQ4 of FY 2020-2115th June, 202115th July, 2021
TDS/TCS book adjustment statement in Form 24GTDS Deduction by an office of the governmentMay, 202115th June, 202130th June, 2021
Statement of Deduction of Tax from contributions paid by the trustees of an approved superannuation fundFY 2020-2131st May, 202130th June, 2021

2.3 Income Tax Return and Audit Report filing

Form/StatementPeriodOriginal Due DateExtended 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 lawF.Y. 2020-2131st October, 202130th November, 2021
Income Tax Return- By partner of the firm who is required to get his accounts auditedFY 2020-2131st October, 202130th November, 2021
Income Tax Return- By CompanyFY 2020-2131st October, 202130th 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 ActFY 2020-2130th November, 202131st December, 2021
Income Tax Return-By Any other personFY 2020-2131st July, 202130th September, 2021
Belated/Revised Income Tax Return under section 139(4)/139(5) of Income Tax ActFY 2020-2131st December, 202131st January, 2022
Tax Audit ReportF.Y. 2020-2130th September, 202131st October, 2021
Audit report for persons entering into international transaction or specified domestic transactionF.Y. 2020-2131st October, 202130th November, 2021

Note: 

  1. 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/StatementApplicabilityPeriodOriginal Due DateExtended Due Date
Statement of Financial Transactions (“SFT”) in Form 61A under Rule 114E of Income Tax Rules, 1962Reporting 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. 2020-2131st May, 202130th June, 2021
Form 61B under Rule 114G of Income Tax RulesStatement of Reportable Account where Information is required to be maintained and reported by reporting Financial Institutions with respect to reportable account.Calendar Year 202031st May, 202130th June, 2021
Form 64DStatement of Income paid or credited by Investment Fund to its unit holder furnished  to the Principal Commissioner or Commissioner of Income TaxFY 2020-2115th June, 202130th June, 2021
Form 64CStatement of Income paid or credited by Investment Fund to its unit holder furnished to the unit holdersFY 2020-2130th June, 202115th July, 2021

DISCLAIMER: The views expressed are strictly of the author and VJM & Associates LLP. The contents of this article are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

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