Updates under Goods and Services Tax Laws issued vide Notifications issued dated 01/05/2021

Sr NoNotification No and notification detailsOur analysis and comments
114/2021 CGST
(i) where, any time limit for completion or compliance of any action, by any
authority or by any person, has been specified in, or prescribed or notified under
the said Act, which falls during the period from the 15th day of April, 2021 to the
30th day of May, 2021, and where completion or compliance of such action has
not been made within such time, then, the time limit for completion or compliance
of such action, shall be extended upto the 31st day of May, 2021, including for the
purposes of.
(a) completion of any proceeding or passing of any order or issuance of any notice,
intimation, notification, sanction or approval or such other action, by whatever
name called, by any authority, commission or tribunal, by whatever name called,
under the provisions of the Acts stated above; b) filing of any appeal, reply or
application or furnishing of any report, document, return, statement or such other
record, by whatever name called, under the provisions of the Acts stated above;
but, such extension of time shall not be applicable for the compliances of the
following provisions of the said Act, namely: – (a) Chapter IV; (b) sub-section (3) of
section 10, sections 25, 27, 31, 37, 47, 50, 69, 90, 122, 129; (c) section 39, except
sub-section (3), (4) and (5); (d) section 68, in so far as e-way bill is concerned; and
(e) rules made under the provisions specified at clause (a) to (d) above :
Provided that where, any time limit for completion of any action, by any authority
or by any person, specified in, or prescribed or notified under rule 9 of the Central
Goods and Services Tax Rules, 2017, falls during the period from the 1st day of
May, 2021 to the 31st day of May, 2021, and where completion of such action has
not been made within such time, then, the time limit for completion of such
action, shall be extended upto the 15th day of June, 2021; (ii) in cases where a
notice has been issued for rejection of refund claim, in full or in part and where
the time limit for issuance of order in terms of the provisions of sub-section (5),
read with sub-section (7) of section 54 of the said Act falls during the period from
the 15th day of April, 2021 to the 30th day of May, 2021, in such cases the time
limit for issuance of the said order shall be extended to fifteen days after the
receipt of reply to the notice from the registered person or the 31st day of May,
2021, whichever is later. 2. This notification shall come into force with effect from
the 15th day of April, 2021
Any statutory compliance which falls due
between 15th April 2021 to 30th day of May 2021,
the due date for completion of compliance stands
extended upto 31st May 2021.
Any order which is required to be passed by the
departmental authorities (adjudication/audit etc),
and which falls due in the period 15th April 2021 to
30th April 2021, stands extended to 31st May 2021.
Also appeals filed before the appellate authorities
or Tribunal are envisaged under the above
relaxation.
The said extension however will not be applicable
in case of
a. Time of supply being due between the above
period for any transaction of supply of goods or
services.
b. If a person under Composition levy, crosses the
turnover limit during this period, he shall be liable
to get registered as a regular taxable person.
c. Registration provisions under GST .
d. Time limit for issuance of Tax Invoice.
e. Filing of returns, Levy of interest, applicability of
late fees(relaxations covered under separate
notification.
f. Powers to arrest, Liability to pay taxes by persons
responsible in case of firms/companies.
g. Imposition of any penalty.
h. Detention or seizure in case of E-way bill default.
Any completion of verification in case of new
registration falling due between (1-31May 2021),
shall stand extended to 15th June 2021.
Refunds rejection order which could be issued
between (15th April 2021- 30th May 2021), can be
issued within 15 days after reply from notice or 31st
May 2021, whicvhever is later.
213/2021
Short title and commencement. -(1) These rules may be called the Central
Goods and Services Tax (Third Amendment) Rules, 2021. (2) These rules shall
come into force on the date of their publication in the Official Gazette. 2. In the
Central Goods and Services Tax Rules, 2017,—- (i) in sub-rule (4) of rule 36, after
the first proviso, the following proviso shall be inserted, namely.“Provided further
that such condition shall apply cumulatively for the period April and May, 2021
and the return in FORM GSTR-3B for the tax period May, 2021 shall be furnished
with the cumulative adjustment of input tax credit for the said months in
accordance with the condition above.”; (ii) in sub-rule (2) of rule 59, the following
proviso shall be inserted, namely:- “Provided that a registered person may furnish
such details, for the month of April, 2021, using IFF from the 1st day of May, 2021
till the 28th day of May, 2021.”
12/2021
“Provided further that the time limit for furnishing the details of outward supplies
in FORM GSTR-1 of the said rules for the registered persons required to furnish
return under sub-section (1) of section 39 of the said Act, for the tax period April,
2021, shall be extended till the twenty-sixth day of the month succeeding the said
tax period.”
11/2021
In exercise of the powers conferred by section 168 of the Central Goods and
Services Tax Act, 2017 (12 of 2017) and sub-rule (3) of rule 45 of the Central
Goods and Services Tax Rules, 2017, the Commissioner, with the approval of the
Board, hereby extends the time period up to the 31st day of May, 2021, for
furnishing the declaration in FORM GST ITC-04, in respect of goods dispatched to a
job worker or received from a job worker, during the period from 1st January,
2021 to 31st March, 2021. This notification shall be deemed to have come into
force with effect from the 25th day of April, 2021.
Matching of Input tax credit as required under Rule
36(4), with respect of Input tax credit as per GSTR-
2B shall be seen cumulatively for the tax period
April 2021 and May 2021. Also the impact shall be
finally considered along with GSTR-3B of the month
May 2021. (The only concern here is, whether the
ad-hoc ITC of 5% would be allowed now, since the
amendment to section 16(2) is now effective, ie
ITC cannot exceed amount appearing in GSTR-2B
for purchases made from registered B2B supplier)
Time limit to file IFF for the month of April 2021,
will be extended to 28th May 2021. Ordinarily the
last date would have been 13th May 2021.
Time limit to file GSTR-1 for the month of April
2021 stands extended to 26th May 2021. Ordinarily
this would have been 11th May 2021.
Time limit to furnish the quarterly report/return in
form ITC-04, furnishing details of goods sent or
received from Job-worker for the period January
2021-March 2021, stands extended to 31st May
2021.
310/2021
In exercise of the powers conferred by section 148 of the Central Goods and
Services Tax Act, 2017 (12 of 2017), the Government, on the recommendations of
the Council, hereby makes the following further amendments in the notification of
the Government of India in the Ministry of Finance (Department of Revenue), No.
21/2019- Central Tax, dated the 23rd April, 2019, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 322(E),
dated the 23rd April, 2019, namely:In the said notification, in the third paragraph,
after the first proviso, the following proviso shall be inserted, namely: – “Provided
further that the said persons shall furnish the return in FORM GSTR-4 of the
Central Goods and Services Tax Rules, 2017, for the financial year ending 31st
March, 2021, up to the 31st day of May, 2021.”. 2. This notification shall be
deemed to have come into force with effect from the 30th day of April, 2021.
9/2021
Provided also that the amount of late fee payable under section 47 shall stand
waived for the period as specified in column (4) of the Table given below, for the
tax period as specified in the corresponding entry in column (3) of the said Table,
for the class of registered persons mentioned in the corresponding entry in
column (2) of the said Table, who fail to furnish the returns in FORM GSTR-3B by
the due date
The return filing for Composition tax payer which
is to be undertaken once in a year, for FY 2020-
F2021, stands extended to 31st May 2021.
The late fees for delayed filing GSTR-3B stands
waived, for the month of March 2021 and April
2021 and for quarter (Jan-March 2021), in case of
composition taxpayers,.
For taxpayer having aggregate turnover below Rs 5
crore in preceding financial year, If the returns are
filed within 30 days of respective due dates.
For taxpayer having aggregate turnover above Rs 5
crore in preceding financial year, If the returns are
filed within 15 days of respective due dates
For taxpayer having aggregate turnover below Rs 5
crore in preceding financial year, and where they
are filing quarterly returns, If the returns are filed
within 30 days of due date of returns for the
quarter January 2021-March 2021
4In exercise of the powers conferred by sub-section (1) of section 50 of the Central
Goods and Services Tax Act, 2017 (12 of 2017) read with section 148 of the said
Act, the Government, on the recommendations of the Council, hereby makes the
following further amendments in notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 13/2017 – Central Tax, dated
the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R. 661(E), dated the 28th June, 2017,
namely
The interest for delayed filing GSTR-3B stands
applicable as under, for the month of March 2021
and April 2021 and for quarter (Jan-March 2021),
in case of Composition taxpayers,.
For taxpayer having aggregate turnover above Rs 5
crore in preceding financial year, Interest will be
levied @9% pa if delay is upto 15 days from due
date of respective months and for delay beyond 15
days, interest will be levied @18% for the period
over 15th day and upto the date of tax payment.
For taxpayer having aggregate turnover below Rs 5
crore in preceding financial year, Interest will be
NIL if delay is upto 15 days from due date of
respective months, delay over 15 days upto 30
days, interest @9% will be levied and for delay
beyond 30 days, interest will be levied @18% upto
from 31st day upto date of payment. This will also
apply for tax payments due for the above months
in case of QRMP taxpayers.
For taxpayer paying tax under composition levy
filing return for the quarter January 2021-March
2021, Interest will be NIL if delay is upto 15 days
from due date for the quarter (20th April 2021),
delay over 15 days upto 30 days, interest @9% will
be levied and for delay beyond 30 days, interest
will be levied @18% upto from 31st day upto date
of payment.
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