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Analysis of extension of due dates under GST

Vivek Jalan
GST due date extensions provide staged interest relief, late fee waivers, and targeted filing windows for overdue returns. June 2020 GST measures grant staged interest relief and temporary waivers of late fees for delayed GSTR 3B filings, impose a one time reduced late fee for historical unfiled returns with tax payable while waiving fees where no central tax is due (subject to filing within a specified window), extend filing deadlines for certain months without late fees for small taxpayers, provide relief from GSTR 1 late fees, specify the payment route for developer/promoter differential tax, and permit certain service providers to opt into the composition scheme under applicable turnover and condition criteria. (AI Summary)

Extension of due dates under GST

Recently Central Government has issued GST Notification No. 48/2020-Central Tax to Notification No. 54/2020-Central Tax on 24th June 2020 which relates to extension of Due dates under GST Law. Article analyses all such extension of due dates in recent past-

GST Due Date Extensions

N 51 52/2020-CT dated 24th June 2020 Relief from Interest & Penalty for Late furnishing of GSTR 3B

Period of ReturnDealersinterestLate FeeCondition/ Eg
Feb 2020 to April 2020Having PAN India turnover above ₹ 5 Crore– Lower rate of interest of NIL for first 15 days after the due date of filing return in FORM GSTR-3B

– @ 9% thereafter till 24th June 2020

– 18% thereafter

NIL – till 24th June 2020

₹ 100 per day (CT) – from initial Date if the above dates are violated

E.g. GSTR 3B for Feb 2020, Int is as follows –

1. Till 4th April –NIL

2. 5th Apr – 24th Jun – 9%

3. From 25th Jun 18%

Feb 2020 to April 2020Having PAN India turnover of ₹ 0 – ₹ 5 Crore

(For Simplicity Conservative dates have been taken for all states)

NIL – Till 30th June

2020 (For Feb 2020 3B)

– Till 3rd July 2020 (For Mar’20 3B)

– Till 6th July 2020 (For Apr’20 3B)

9% – From above dates till 30th Sep 2020

NIL – Till 30th June 2020 (For Feb 2020 3B)

Till 3rd July 2020 (For  Mar’20 3B)

Till 6th July 2020 (For Apr’20 3B)

₹ 100 per day (CT) – from initial Date if the above dates are violated

E.g. GSTR 3B for Feb 2020, Interest is as follows –

1. Till 3rd July – NIL

2. 3rd July – 30th Sep – 9%

3. From 1st Oct – 18%

May 2020 to July 2020Having PAN India turnover of ₹ 0 – ₹ 5 Crore

(For Simplicity Conservative dates have been taken for all states)

NIL – Till 12th Sep 2020 (For May’20 3B)

– Till 23rd Sep 2020 (For Jun’20 3B)

– Till 27th Sep 2020 (For Jul’20 3B)

9% – From above dates till 30th Sep 2020

NIL – Till 12th Sep 2020 (For May’20 3B)

– Till 23rd Sep 2020 (For Jun’20 3B)

– Till 27th Sep 2020 (For Jul’20 3B)

₹ 100 per day (CT) – from initial Date if the above dates are violated

E.g. GSTR 3B for May 2020, Interest is as follows –

1. Till 12th Sep – NIL

2. 13th Sep – 30th Sep – 9%

3. From 1st Oct – 18%

N 52/2020-CT dated 24th June 2020 One Time from Late Fees for non furnishing of GSTR 3B

Taxpayer CategoryLate FeeCondition/ Eg
GSTR 3B Not Filed between July, 2017 to January, 2020 – With SOME Central Tax Payable₹ 250/ – CT per monthThe return should be filed between July, 2020 to September, 2020
GSTR 3B Not Filed between July, 2017 to January, 2020 – With NO Central Tax PayableNIL

N 54/2020-CT dated 24th June 2020 Last Date of GSTR 3B for August 2020 Extended

Period of ReturnDealersLast DateLate Fee & Interest
August 2020Having PAN India turnover of ₹ 0 – ₹ 5 Crore1st October 2020 for Some States &

3rd October 2020 for Some States

NIL

N 53/2020-CT dated 24th June 2020 Relief from Late Fees for non furnishing of GSTR 1

Due Dates of GSTR 1 for All Taxpayers WITHOUT LATE FEES

Real Estate Developers paying Differential Tax Inst 3/2/2020

Use Form DRC-03 for making the payment of tax by promoter/developer required to pay tax in accordance with the N no. 11/2017- CT (R) N no. 3/2019- CT (R) ) on the shortfall from threshold requirement of procuring input and input services (below 80%) from registered person

N No 50/2020 – CT dated 24th June 2020 Sec 10(2A) read with Rule 7

From 1st April 2020, even Service Providers within a Turnover of ₹ 50 Lakhs and as per conditions u/s 10(2A) read wit Rule 7 may opt for Composition Scheme and pay Tax @6%

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