GST Department has issued various notifications on 23.03.2020 and 03.04.2020 wherein the certain relief has been granted to the taxpayers for compliance with GSTR-1 and GSTR-3B. In this article we have mentioned the compliance due date for the dealers having turnover more than 5 Crores. The notification covered in this article are: –
- Notification no. 28/2020 dated 23.03.2020
- Notification no. 29/2020 dated 23.03.2020
- Notification no. 31/2020 dated 03.04.2020
- Notification no. 32/2020 dated 03.04.2020
- Notification no. 33/2020 dated 03.04.2020
- Notification no. 36/2020 dated 03.04.2020
Now, dealers having turnover more than INR 5 Crores are required to file GSTR-1 and GSTR-3B on monthly basis. Compliance is a part of business activities and because of Covid-19 pandemic business activities has almost stopped and majority of sectors are affected. Hence following are the amended, extended deadlines and benefits given by GST department to the taxpayers having turnover more than INR Rs 5 Crores in Previous financial year.
Deadline for GSTR-1 : –
Particulars | Due date | Late fee | Notification No. |
March 2020 | 30th June 2020* | Waived | 33/2020 |
April 2020 | 30th June 2020* | Waived | 33/2020 |
May 2020 | 30th June 2020* | Waived | 33/2020 |
June 2020 – September 2020 | 11th of the subsequent month | – | 28/2020 |
Circular no. 136/06/2020-GST dated 3rd April, 2020
Notification under section 128 of CGST Act for waiver of late fee for delay in furnishing the statement of outward supplies in FORM GSTR-1 for taxpayers for tax period March to May 2020 if the same are furnished on or before 30th day of June, 2020.
Therefore, if GSTR-1 is not filed within the due date then 50 Rs per day penalty will be charge from the actual due date. Therefore, if GSTR-1 is not filed within 30th June 2020 then penalty will be charged from actual due date i.e. from 11th day of subsequent month till the date when the GSTR-1 is actually filed.
Deadline for GSTR-3B
Particulars | Place of Business | Due date/Due date till which interest and late fee is Nil or reduced | Interest | Late fee | Notification No. |
Feb 2020 | Anywhere in India | 24th June 2020 | 0% for first 15 days from due date and 9% thereafter | Waived | 31&32/2020 |
March 2020 | Anywhere in India | 24th June 2020 | 0% for first 15 days from due date and 9% thereafter | – | 31&32/2020 |
April 2020 | Anywhere in India | 24th June 2020 | 0% for first 15 days from due date and 9% thereafter | – | 31&32/2020 |
May 2020 | Anywhere in India | 27th June 2020 | 36/2020 | ||
June – September 2020 | Anywhere in India | 20th Day of succeeding month | NA | NA | 29/2020 |
It shall be noted that the due date for the period Feb, March and April 2020 is not extended but if GSTR-3B is filed within 24th June then reduced interest will be charged i.e. for first 15 days from due date 0% percent interest will be charged and thereafter 9% P.a. interest will be charged and late fee will not be charged to the dealer. In case if the taxpayer fails to file the GSTR-3B within the mentioned timeline then Interest and late fee will be charged from the original due. The interest charged will be 18% P.a. and late fee will be charged @ Rs 50 per day subject to maximum late fee of Rs 10,000.
Let us consider one example for calculation of interest and penalty. XYZ Ltd. (having turnover in previous financial year of Rs 1 Crore) and having 2 separate GSTIN number as the company is having two separate place of business in Gujarat and Uttar Pradesh, the details are as follows: –
Sr. No. | Place of Business | Net Liability for the month of April |
1. | Uttar Pradesh | 1,00,000 |
2. | Gujarat | 2,00,000 |
Case 1 : – If XYZ Ltd. Pay the tax amount and file GST-3B on 10th July. What will be the amount of interest and late fee to be charged to XYZ Ltd?
Sr. No. | Place of Business | Due Date* | Net Liability for the month of April |
1. | Uttar Pradesh | 20th May | 1,00,000 |
2. | Gujarat | 20nd May | 2,00,000 |
For calculation of Interest and Penalty original due date will be considered. Therefore, calculation of interest and late fee is as follows: –
Calculation of Interest for GSTR-3B if GSTR-3B is filed on 10th July 2020
Sr. No. | Place of Business | Liability for the Month of April | Due Date* | Due date till which no late fee or interest will be charged | Date of filing of GSTR-3B | Delay in number of days | Interest* |
1 | Uttar Pradesh | 1,00,000 | 20th May 2020 | 24th June 2020 | 10th July 2020 | 47 | 2,318 |
2 | Gujarat | 2,00,000 | 20nd May 2020 | 24th June 2020 | 10th July 2020 | 49 | 4,833 |
*Interest is calculated from 24th May and 22nd May respectively as the benefit of Interest cannot be availed because GSTR-3B is filed after 24th June 2020
Calculation of Late fees for GSTR-3B if GSTR-3B is filed on 10th July 2020
Sr. No. | Place of Business | Liability for the Month of May | Due Date* | Due date till which no late fee or interest will be charged | Date of filing of GSTR-3B | Delay in number of days | Late Fee* |
1 | Uttar Pradesh | 1,00,000 | 20th May 2020 | 24th June 2020 | 10th July 2020 | 47 | 2,350 |
2 | Gujarat | 2,00,000 | 20nd May 2020 | 24th June 2020 | 10th July 2020 | 49 | 2,450 |
*Late fee is calculated from 24th May and 22nd May respectively as the benefit of Late fee waiver cannot be availed because GSTR-3B is filed after 24th June 2020
Case 2 : – If XYZ Ltd. Pay the tax amount and file GST-3B on 24th June 2020. What will be the amount of interest and late fee to be charged to XYZ Ltd?
Calculation of Interest and Late fees for GSTR-3B if GSTR-3B is filed on 29th June 2020
Sr. No. | Place of Business | Laibility for the Month of April | Due Date* | Date of filing of GSTR-3B | Interest for first fifteen days from due date | Delay in days for with 9% Interest will be charged | Interest amount |
1 | Uttar Pradesh | 1,00,000 | 20th May 2020 | 23th June 2020 | 0 (till 04.06.2020) | 19 | 468 |
2 | Gujarat | 2,00,000 | 20th May 2020 | 23th June 2020 | 0 (till 04.06.2020) | 19 | 937 |
Total | 1405 |
*Late fees will not be charged since GSTR-3B is filed before 24th June 2020
**Interest is calculation at 0% for first fifteen days from the due date and thereafter @ 9% p.a. for 19 days.