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 of less than or upto Rs 1.5 Crores in Preceding Financial Year. The notification covered in this article are: –
- Notification no. 27/2020 dated 23.03.2020
- 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, majority of taxpayers are required to file GSTR-1 and GSTR-3B and dealer having turnover upto Rs 1.5 Crores in preceding financial year are required to file GSTR-1 on quarterly basis 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 deadlines and benefits given by GST department to the taxpayers having turnover less than or equal to Rs 1.5 Crores in Previous financial year.
Deadline for GSTR-1 : –
Particulars | Due date | Late fee | Notification No. |
Jan-March 2020 | 30th June 2020* | Waived | 33/2020 |
April-June 2020 | 31st July 2020 | – | 27/2020 |
July- Sept 2020 | 31st October 2020 | – | 27/2020 |
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 quarter ending 31st March 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 30th day of April 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 | 30th June 2020 | 0% | Waived | 31&32/2020 |
March 2020 | Anywhere in India | 3rd July 2020 | 0% | – | 31&32/2020 |
April 2020 | Anywhere in India | 6th July 2020 | 0% | – | 31&32/2020 |
May 2020 | Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep | 12th July 2020 | 36/2020 | ||
May 2020 | States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi | 14th July 2020 | 36/2020 | ||
June – September 2020 | Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep | 22nd Day of succeeding month | NA | NA | 29/2020 |
June – September 2020 | States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi | 24th 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 30th June 2020, 3rd July 2020 and 6th July 2020 respectively, then interest 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. Is a company 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 | 24th May | 1,00,000 |
2. | Gujarat | 22nd 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 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 | Interest* |
1 | Uttar Pradesh | 1,00,000 | 24th May 2020 | 30th June 2020 | 10th July 2020 | 47 | 2,318 |
2 | Gujarat | 2,00,000 | 22nd May 2020 | 30th 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 30th 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 | 24th May 2020 | 30th June 2020 | 10th July 2020 | 47 | 2,350 |
2 | Gujarat | 2,00,000 | 22nd May 2020 | 30th 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 cannot be availed because GSTR-3B is filed after 30th June 2020
Case 2 : – If XYZ Ltd. Pay the tax amount and file GST-3B on 29th 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 | 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 | Interest and Late Fees |
1 | Uttar Pradesh | 1,00,000 | 24th May 2020 | 30th June 2020 | 29th June 2020 | 0 |
2 | Gujarat | 2,00,000 | 22nd May 2020 | 30th June 2020 | 29th June 2020 | 0 |
*The Taxpayer can availed the benefit of no interest and zero late fees as GSTR-3B is filed before 30th June 2020