May 4, 2021

Extension in statutory compliance 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 Returns	Tax Period	GST return	Payment of Taxes	Due date with no Interest	Due date with 9% interest	Due date with 18% Interest	GST return due date with NIL Penalties
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

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:
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:

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: Time allowed under notice; or 31st May, 2021
Appeal to Commissioner (Appeals)	1st April, 2021 or thereafter	Later of: Time provided under the section; or 31st May, 2021
Objection to Dispute Resolution Tribunal	1st April, 2021 or thereafter	Later of: Time provided under the section; or 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/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

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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