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. Goods and Service Tax

a. 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 Up to 20 April 2021 Between 21 April 2021 to 5 May 2021 From 6 May 2021 and onwards 5 May 2021
April, 2021 20 May, 2021 20 May, 2021 Up to 20 May 2021 Between 21 May 2021 to 4 June 2021 From 5 June 2021 and onwards  4 June 2021

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 Up to 5 May 2021 Between 06 May 2021 to 20 May 2021 From 21 May 2021 and  onwards 20 May 2021
April, 2021 20th May, 2021 20th May, 2021 Up to 4 June 2021 Between 05 June 2021 to 19 June 2021 From 20 June 2021 and  onwards 19 May 2021

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 7 May 2021 Between 08 May 2021 to 22 May 2021 From 23 May 2021 and  onwards 22 May 2021
April, 2021 NA 25 May, 2021 Up to 9 June 2021 Between 10 June 2021 to 24 June 2021 From 25 June 2021 and  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 10 May 2021 to 24 May 2021 From 25 May 2021 and  onwards 24 May 2021
April, 2021 NA 25 May, 2021 Up to 9 June 2021 Between 10 June 2021 to 24 June 2021 From 25 June 2021 and  onwards NA  

GST CMP-08:

Taxpayer opted for Composition Scheme

January to March, 2021 18 April 2021 18 April 2021 3 May 2021 Between 4 May 2021 to 18 May 2021 From 19 May 2021 and onwards 18 May 2021

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 May 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 31 May 2021

GSTR-1:
Details of outward supplies

April 2021 11 May 2021 NA NA NA NA 26 May 2021

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 28 May 2021

* 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

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

b. Other Relaxations

  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:

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

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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