Last date extended till 31.7.2019 to file FORM GST CMP-08 by composition opted persons

COMPOSITION SCHEME OPTED PERSON’S RETURN FILING DATE EXTENDED TILL 31.7.2019 AND FURTHER EXTENDED TILL 31.8.2019

The Goods and Services Tax Act, 2017 came into force in India with effect from 1.7.2017.

From the financial year 2019-20, the FORM GSTR-4 return filing option has been modified to the compounded scheme opted persons.

As per new scheme the Compounded Scheme opted per has to file the details of self-assessed tax in FORM GST CMP-08 for each quarter as shown below:

FORM TYPE	PERIOD	DUE DATE
FORM GST CMP-08	APR-JUN	18.07.2019
FORM GST CMP-08	JUL-SEP	18.10.2019
FORM GST CMP-08	OCT-DEC	18.01.2020
FORM GST CMP-08	JAN-MAR	18.04.2020
FORM GSTR-4	APRIL 2019 TO MARCH 2020	30.04.2020

The Central Government has modified the last date to file the details of payment of self-assessed tax in FORM GST CMP-08 for the quarter April 2019 to June 2019 or part thereof till 31.7.2019 instead of 18.7.2019.

The relevant notification is given below for ready reference.

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section

(i)]

Government of India Ministry of Finance (Department of Revenue)

Central Board of Indirect Taxes and Customs

Notification No. 34/2019 – Central Tax

New Delhi, the  18th July, 2019

G.S.R.....(E).– In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following 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 paragraph 2, the following proviso shall be inserted, namely: – 

“Provided  that the due date for furnishing the statement containing the details of payment of  self-assessed tax in said FORM GST CMP-08, for the quarter April, 2019 to June, 2019, or part thereof, shall be the 31st day of July, 2019.”.

[F. No. 20/06/16/2018-GST]

(Ruchi Bisht) Under Secretary to the Government of India

Note:- The principal notification No. 21/2019-Central Tax, dated the 23rd April, 2019 was published in the Gazette of India, Extraordinary, vide number G.S.R. 322(E), dated the 23rd April, 2019.

FURTHER EXTENTION TILL 31.8.2019

The Central Government has again modified the last date to file the details of payment of self-assessed tax in FORM GST CMP-08 for the quarter April 2019 to June 2019 or part thereof till 31.8.2019 instead of 18.7.2019.

The relevant Notification is given below for ready reference:

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section

(i)]

Government of India Ministry of Finance (Department of Revenue)

Central Board of Indirect Taxes and Customs

Notification No. 35/2019 – Central Tax

New Delhi, the 29th July, 2019

G.S.R.....(E).– In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central 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 paragraph 2, in the proviso, for  the  figures,  letters  and  words “31st day of July, 2019”, the figures,  letters  and  word,  “31st   day of August, 2019” shall  be substituted.

[F. No. 20/06/16/2018-GST (Pt. I)]

(Ruchi Bisht) Under Secretary to the Government of India

Note:- The principal notification No. 21/2019-Central Tax, dated the 23rd  April, 2019 was published in the Gazette of India, Extraordinary, vide number G.S.R. 322(E), dated the 23rd April, 2019 and was subsequently amended by notification No. 34/2019-Central Tax, dated the 18th  July, 2019, published in the Gazette of India, Extraordinary, vide number G.S.R.

514(E), dated the 18th July, 2019.

Extension of last date to file FORM GST CMP-02 till 31.7.2019

EXTENSION OF LAST DATE UPTO 31.7.2017 TO OPT FOR AVAILING THE BENEFIT OF ALTERNATE COMPOSITION SCHEME UNDER GST IN INDIA

The Goods and Services Tax Act, 2017 came into force in India with effect from 1.7.2017.

The Central Government has made an alternate composite scheme available to suppliers of services or mixed supplies, who were not eligible for the primary composition scheme.

The taxpayers whose annual turnover in the preceding financial year did not exceed Rs. 50 lakhs and opting to pay tax under the alternate scheme will have to pay tax at the rate of 6% (3% CGST + 3% SGST) of their turnover vide circular No.97/16/2019 dated 5.4.2019.

The last date to file option in FORM GST CMP-02 for availing the benefit of the alternate composition scheme has been extended upto 31.7.2019 instead of 30.4.2019.

The relevant notifications were given below for ready reference:

Press Release

Extension of last date for availing the benefit of alternate composition scheme

04 July 2019

Vide notification No. 02/2019-Central Tax (Rate) dated 07.03.2019, as amended by notification No.   09/2019-Central Tax (Rate) dated 29.03.2019, an alternate composition scheme has been made available to those suppliers of services or mixed suppliers, who were not eligible for the primary composition scheme. Only those taxpayers are eligible for this alternate scheme whose annual turnover in the preceding financial year did not exceed Rs. 50 lakhs. Taxpayers opting to pay tax under this scheme will pay tax at the rate of 6% (3% CGST +3% SGST) of their turnover. Vide Circular No. 97/16/2019-GST dated 05.04.2019, the last date for registered persons for filing the intimation in FORM GST CMP-02 for availing the benefit of the alternate composition scheme was fixed at 30.04.2019.

2.       In  the  35th   meeting  of  the  GST  Council  held  on  21.06.2019,  it  was recommended that the last date for filing the said intimation may be extended. Accordingly, a corrigendum dated 01.07.2019 to Circular No. 97/16/2019-GST has been issued extending the last date for filing the intimation for availing this benefit from 30.04.2019 to 31.07.2019.

3.      Eligible taxpayers are encouraged to avail the benefit of the alternate composition scheme by applying on or before 31.07.2019.

*****

F. No. CBEC-20/16/04/2018 – GST (Pt. I) Government of India

Ministry of Finance

Department of Revenue

Central Board of Indirect Taxes and Customs

GST Policy Wing

****

To,

Circular No.97/16/2019 GST

New Delhi, Dated the 5th April 2019

The  Principal  Chief  Commissioners  /  Chief  Commissioners  /  Principal  Commissioners  / Commissioners of Central Tax (All)

The Principal Director Generals / Director Generals (All) Madam/Sir,

Subject: Clarification regarding exercise of option to pay tax under notification No. 2/2019-

CT(R) dt 07.03.2019 –  Reg.

Attention is invited to notification No. 02/2019-Central Tax (Rate) dated 07.03.2019 (hereinafter referred to as “the said notification”) which prescribes rate of central tax of 3% on first supplies of goods or services or both upto an aggregate turnover of fifty lakh rupees made on or after the 1st  day of April in any financial year, by a registered person whose aggregate annual turnover in the preceding financial year was fifty lakh rupees or below. The said notification,  as  amended  by notification  No.  09/2019-Central  Tax  (Rate)  dated  29.03.2019,

provides that Central Goods and Services Tax Rules, 2017 (hereinafter referred to as “the said rules”), as applicable to a person paying tax under section 10 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “the said Act”) shall, mutatis mutandis, apply to a person paying tax under the said notification.

2.         In  order to  clarify the  issue and  to  ensure uniformity in  the implementation  of the provisions of the law across field formations, the Board, in exercise of its powers conferred by

section 168 (1) of the said Act, hereby clarifies the issues raised as below:–

(i)        a registered person who wants to opt for payment of central tax @ 3% by availing the benefit of the said notification, may do so by filing intimation in the manner specified in sub-rule

3 of rule 3 of the said rules in FORM GST CMP-02 by selecting the category of registered person as “Any other supplier eligible for composition levy” as listed at Sl. No. 5(iii) of the said form, latest by 30th April, 2019. Such person shall also furnish a statement in FORM GST ITC-

03 in accordance with the provisions of sub-rule (3) of rule 3 of the said rules.

(ii)        any person who applies for registration and who wants to opt for payment of central tax

@ 3% by availing the benefit of the said notification, if eligible, may do so by indicating the option at serial no. 5 and 6.1(iii) of FORM GST REG-01 at the time of filing of application for registration.

(iii)      the option of payment of tax by availing the benefit of the said notification in respect of any place of business in any State or Union territory shall be deemed to be applicable in respect of all other places of business registered on the same Permanent Account Number.

(iv)      the option to pay tax by availing the benefit of the said notification would be effective from the beginning of the financial year or from the date of registration in cases where new registration has been obtained during the financial year.

3.         It may be noted that the provisions contained in Chapter II of the said Rules shall mutatis mutandis apply to persons paying tax by availing the benefit of the said notification, except to the extent specified in para 2 above.

4.         Difficulty if any, in the implementation of this circular may be brought to the notice of the Board. Hindi version would follow.

(Upender Gupta) Principal Commissioner (GST)

*****

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section

(i)]

Government of India Ministry of Finance (Department of Revenue)

[Central Board of Indirect Taxes and Customs] Notification No.  02/2019 – Central Tax

New Delhi, the 29th January, 2019

G.S.R. …..(E).— In exercise of the powers conferred by sub-section (2) of section 1 of the Central Goods and Services Tax (Amendment) Act, 2018 (31 of 2018), the Central Government  hereby  appoints  the  1st   day  of  February,  2019,  as  the  date on  which  the provisions of the Central Goods and Services Tax (Amendment) Act, 2018 (31 of 2018), except clause (b) of section 8, section 17, section 18, clause (a) of section 20, sub-clause (i) of clause (b) and sub-clause (i) of clause (c) of section 28, shall come into force.

[F.No.20/06/16/2018-GST (Pt. II)]

(Gunjan Kumar Verma) Under Secretary to the Government of India