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Tuesday, May 4, 2021

Extension of due dates for filing of FORM GSTR-1 due to the outbreak of the second wave of COVID-19 in India

 

EXTENSION OF DUE DATES FOR FILING OF FORM GSTR-1 FOR THE MONTH OF MARCH. 2021 AND APRIL. 2021

 

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

 

https://abhivirthi.blogspot.com/2021/05/extension-of-due-dates-for-filing-of.html

Normal Due dates prescribed for filing of FORM GSTR-3B with payment of GST

 

Sl.No.

Class of registered persons who have Opted for

Having principal place of business in the State/ UT of

Due date of filing of Form GSTR- 3B, from January, 2021, onwards

1

Monthly filing of Form GSTR-3B

All States and UTs

20th of the following month

2

Quarterly filing of Form GSTR-3B

States of 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

22nd of the month following the quarter

States of 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

24th of the month following the quarter

 

The Central Government has announced Concessional rates of interest in lieu of the normal rate of interest of 18% per annum for delayed tax payments as shown below:

 

FOR REGISTERED PERSONS HAVING AGGREGATE TURNOVER ABOVE RS.5 CRORE

 

A lower rate of interest of 9 per cent for the first 15 days from the due date of payment of tax and 18 per cent thereafter, for the tax payable for tax periods March 2021 and April 2021, payable in April 2021 and May 2021 respectively, has been notified.

 

For registered persons having aggregate turnover upto Rs. 5 Crore:

 

    NIL rate of interest for the first 15 days from the due date of payment of tax, 9 per cent for the next 15 days, and 18 per cent thereafter, for both normal taxpayers and those under QRMP scheme, for the tax payable for the periods March 2021 and April 2021, payable in April 2021 and May 2021 respectively, has been notified.

 

For registered persons who have opted to pay tax under the Composition scheme:

 

    NIL rate of interest for first 15 days from the due date of payment of tax and 9 per cent for the next 15 days, and 18 per cent thereafter has been notified for the tax payable for the quarter ending 31st March, 2021, payable in April 2021.

 

The Central Government has also announced the waiver of late fee as shown below:

 

1.   For registered persons having aggregate turnover above Rs. 5 Crore: Late fee waived for 15 days in respect of returns in FORM GSTR-3B furnished beyond the due date for tax periods March, 2021 and April, 2021, due in the April 2021 and May 2021 respectively;

 

2.   For registered persons having aggregate turnover upto Rs. 5 Crore: Late fee waived for 30 days in respect of the returns in FORM GSTR-3B furnished beyond the due date for tax periods March, 2021 and April, 2021 (for taxpayers filing monthly returns) due in April 2021 and May 2021 respectively / and for period Jan-March, 2021 (for taxpayers filing quarterly returns under QRMP scheme) due in April 2021.

 

The Central Government has also extended 15 days  in respect of filing of GSTR-1, IFF (Invoice Furnishing Facility) for the month of April 2021 (due in May 2021) vide Notification No.13/2021-Central Tax, dated 1.5.2021.

 

The Central Government has also modified the due date of furnishing FORM ITC-04 for Jan-March, 2021 quarter has been from 25th April, 2021 to 31st May, 2021 vide Notification No. 11/2021-Central Tax dated 1.5.2021

 

The Central Government has also relaxed in availment of Input Tax Credit as shown below:

 

1.   Relaxation in availment of ITC: Rule 36(4) i.e. 105% cap on availment of ITC in FORM GSTR-3B to be applicable on cumulative basis for period April and May 2021, to be applied in the return for tax period May 2021. Otherwise, rule 36(4) is applicable for each tax period.

2.   The filing of GSTR-3B and GSTR-1/ IFF by companies using electronic verification code has already been enabled for the period from the 27.04.2021 to 31.05.2021.

 

The relevant Notifications are 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. 08/2021 – Central Tax

 

 

 

New Delhi, the 1st May, 2021

 

 

 

G.S.R.....(E).- In 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:

 

 

 

(i)        In the said notification, in the first paragraph, in the first proviso, in the Table after S. No. 3, the following shall be inserted, namely:

 

 

(1)

(2)

(3)

(4)

4.

Taxpayers  having  an  aggregate  turnover  of

 

more  than  rupees  5  crores  in  the  preceding financial year

9  per  cent  for

 

the first 15 days from  the  due date and 18 per cent thereafter

March, 2021,

 

April, 2021

5.

Taxpayers having an aggregate turnover of up

 

to rupees 5 crores in the preceding financial year who are liable to furnish the return as specified under sub-section (1) of section 39

Nil for the first

 

15 days from the due date, 9 per cent for the next

15 days, and 18

March, 2021,

 

April, 2021


 

 

 

per               cent

 

thereafter

 

6.

Taxpayers having an aggregate turnover of up

 

to rupees 5 crores in the preceding financial year who are liable to furnish the return as specified under proviso to sub-section  (1) of section 39

Nil for the first

 

15 days from the due date, 9 per cent for the next

15 days, and 18 per cent thereafter

March, 2021,

 

April, 2021

7.

Taxpayers who are liable to furnish the return

 

as specified under sub-section (2) of section 39

Nil for the  first

 

15 days from the due date, 9 per cent for the next

15 days, and 18 per cent thereafter

Quarter

 

ending

 

March,

 

2021..

 

 

2. This notification shall be deemed to have come into force with effect from the 18th

 

day of April, 2021.

 

 

 

[F. No. CBEC-20/06/08/2020-GST]

 

 

 

 

 

 

(Rajeev Ranjan) Under Secretary to the Government of India

 

 

Note: The principal notification number 13/2017 Central Tax, dated the 28th  June,

 

2017, was 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 and was last amended vide notification number 51/2020 Central Tax, dated the 24th June, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 404(E), dated the 24th June, 2020.


[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. 09/2021 – Central Tax

 

 

 

New Delhi, the 1st May, 2021

 

 

 

G.S.R.....(E). In exercise of the powers conferred by section 128 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. 76/2018 Central Tax, dated the 31st December, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.

1253(E), dated the 31st December, 2018, namely:

 

 

 

In the said notification, after the seventh proviso, the following proviso shall be inserted, namely:

 

 

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,

namely:-

 

Table

 

S. No. (1)

Class of registered persons

 

(2)

Tax period

 

(3)

Period for which late fee waived (4)

1.

Taxpayers   havin a aggregate

March, 2021 and

Fifteen days from


 

 

turnover  of  more  than  rupees  5

 

crores  in  the  preceding  financial year

April, 2021

the due date of

 

furnishing return

2.

Taxpayers   havin a aggregate

 

turnover of up to rupees 5 crores in the  preceding  financial  year  who are liable to furnish the return as specified under sub-section (1) of section 39

March, 2021 and

 

April, 2021

Thirty days from the

 

due date of furnishing return

3.

Taxpayers   havin a aggregate

 

turnover of up to rupees 5 crores in the  preceding  financial  year  who are liable to furnish the return as specified under proviso to sub- section (1) of section 39

January-March, 2021

Thirty days from the

 

due date of furnishing return..

 

 

2. This notification shall be deemed to have come into force with effect from 20th day of April, 2021.

 

 

[F. No. CBEC-20/06/08/2020-GST]

 

 

 

 

(Rajeev Ranjan) Under Secretary to the Government of India

 

 

Note: The principal notification No. 76/2018-Central Tax, dated 31st December, 2018 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 1253(E), dated the 31st December, 2018 and was last amended vide notification number 57/2020 Central Tax, dated the 30th June, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 424(E), dated the 30th June, 2020.


[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. 11/2021 – Central Tax

 

 

 

New Delhi, the 1st May, 2021

 

 

 

G.S.R….. (E).- 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,  herebextends  the  time  period  upto  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.

 

 

 

2. This notification shall be deemed to have come into force with effect from the 25th

 

day of April, 2021.

 

[F. No. CBEC-20/06/08/2020-GST]

 

 

 

 

 

 

 

 

(Rajeev Ranjan) Under Secretary to the Government of India


[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. 12/2021 – Central Tax

 

 

 

New Delhi, the 1st May, 2021

 

 

 

G.S.R.....(E).- In exercise of the powers conferred by the second proviso to sub- section (1) of section 37 read with section 168 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Commissioner, on the recommendations of the Council, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 83/2020 Central Tax, dated the 10th November, 2020, published in the Gazette of India, Extraordinary, Part  II,  Section  3,  Sub-section  (i)  vide  number  G.S.R.  699(E),  dated  the  10th November, 2020, namely:

 

In the said notification, after the proviso, the following proviso shall be inserted, namely:-

 

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..

 

 

[F. No. CBEC-20/06/08/2020-GST]

 

 

 

 

 

 

(Rajeev Ranjan) Under Secretary to the Government of India


 

 

Note: The principal notification number 83/2020 Central Tax, dated the 10th November,  2020,  was  published  in  the  Gazette  of  India,  Extraordinary,  Part  II, Section 3, Sub-section (i) vide number G.S.R. 699(E), dated the 10th November, 2020.


[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. 13/2021 – Central Tax

 

 

 

 

New Delhi, the 1st May, 2021

 

 

G.S.R…(E). In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Government, on the recommendations of the Council, hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:-

 

1. 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..


[F. No. CBEC-20/06/08/2020-GST]

 

 

 

 

 

 

 

(Rajeev Ranjan) Under Secretary to the Government of India

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June, 2017, published vide number G.S.R. 610(E), dated the 19th June, 2017 and last amended vide notification No. 07/2021 - Central Tax, dated the 27tApril, 2021 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 292 (E), dated the 27th April, 2021.





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