The Central Board of Indirect Taxes and Customs (CBIC) has issued following notifications under GST to implement the relief measures due to outbreak of Covid-19 and Nationwide lockdown as taken into the 40th GST Council Meeting.
Summary of the notifications and circular is presented in facile manner for easy understanding-
| S. No | Turnover | Tax Period | Interest | Late Fees |
| 1 | Taxpayers having an aggregate turnover of more than rupees 5 crores in the preceding financial year | February, 2020, March 2020, April, 2020 | First 15 Days from Due date – NIL
From 16th day to 24th June - 9% On or after 24th June - 18% |
No late fees if filed by 24th June 20 |
| 2 | Taxpayers having an aggregate turnover of up to rupees 5 crores in the preceding financial year, whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep | February 2020 |
Nil till 30th June, 2020 From 1st July to 30th September - 9% |
No late fees if returns filed within dates given in preceding column (i.e.: Dates where Nil Rate of Interest is applicable) |
| March 2020 |
Nil till 3rd July, 2020 From 4th July to 30th September - 9% |
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| April 2020 |
Nil till 6th July, 2020 From 7th July to 30th September - 9% |
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| May 2020 |
Nil till 12th September, 2020 From 13th September to 30th September - 9% |
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| June 2020 |
Nil till 23rd September, 2020 From 24th September to 30th September - 9% |
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| July 2020 |
Nil till 27th September, 2020 From 28th September to 30th September - 9% |
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| 3 | Taxpayers having an aggregate turnover of up to rupees 5 crores in the preceding financial year, whose principal place of business is in the 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 or the Union territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi | February 2020 |
Nil till 30th June, 2020 From 1st July to 30th September - 9% |
No late fees if returns filed within dates given in preceding column (i.e.: Dates where Nil Rate of Interest is applicable) |
| March 2020 |
Nil till 5th July, 2020 From 6th July to 30th September - 9% |
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| April 2020 |
Nil till 9th July, 2020 From 10th July to 30th September - 9% |
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| May 2020 |
Nil till 15th September, 2020 From 16th September to 30th September - 9% |
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| June 2020 |
Nil till 25th September,2020 From 26th September to 30th September - 9% |
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| July 2020 |
Nil till 29th September, 2020 On 30th September - 9% |
Relaxation to the late fees for the registered person who failed to furnish the return in FORM GSTR-3B for the months of July, 2017 to January July, 2020
As announced in 40th GST Council meeting the late fees has been waived for the registered person who failed to furnish the return in FORM GSTR-3B for the months of July, 2017 to January July*, 2020, by the due date but furnishes the said return between the period from 01st July, 2020 to 30th September, 2020 –
| S. No | Return Period | Tax Payable | Maximum Late fees |
| 1 | July 2017 to |
Other than NIL Return | Maximum late fees of Rs 250 each under CGST and SGST/UTGST per return period |
| 2 | July 2017 to |
NIL Return | No late fees |
* Amendment vide Notification 57/2020- Central Tax dated 30/06/2020
The late fee payable, shall stand waived for the registered persons who fail to furnish the details of outward supplies for the months or quarter mentioned in column (2) of the Table below in FORM GSTR-1 by the due date, but furnishes the said details on or before the dates mentioned in column (3) –
| S. No
(1) |
Month/ Quarter
(2) |
Due dates
(3) |
| 1 | March 2020 | 10th July 2020 |
| 2 | April 2020 | 24th July 2020 |
| 3 | May 2020 | 28th July 2020 |
| 4 | June 2020 | 5th August 2020 |
| 5 | January to March 2020 | 17th July 2020 |
| 6 | April to June 2020 | 3rd August 2020 |
| S. No | Turnover | Tax Period | Due date |
| 1 | Taxpayers having an aggregate turnover of upto rupees five crores in the previous financial year, whose principal place of business is in the States of 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 | August 2020 | 1st October 2020 |
| 2 | Taxpayers having an aggregate turnover of upto rupees five crores in the previous financial year, whose principal place of business is in the 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 or the Union territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi | August 2020 | 3rd October 2020 |
It was clarified vide Circular No. 136/06/2020-GST, dated 03.04.2020 that in case the return for the months of February, March and April 2020 are not furnished on or before the date mentioned in the Notification No.31/2020- Central Tax, dated 03.04.2020, interest at 18% per annum shall be charged from the due date of return, till the date on which the return is filed.
Now, the said condition has been removed by the Government, vide Notification no 51/2020- Central Tax, dated 24.06.2020. Now, a lower rate of interest of NIL for first 15 days after the due date of filing return in FORM GSTR-3B and @ 9% thereafter till 24.06.2020 is notified. After the specified date, normal rate of interest i.e. 18% per annum shall be charged for any further period of delay in furnishing of the returns.
Illustration: Calculation of interest for delayed filing of return for the month of June, 2020 (due date of filing being 22.07.2020) may be illustrated as per the below Table:
| Sl. No | Actual date of filing GSTR 3B | Delay in Days | Interest Rate |
| 1 | 28.08.2020 | 37 | No Interest |
| 2 | 28.09.2020 | 68 | No Interest for 63 days, thereafter Interest Rate @9% p.a. for 5 days |
| 3 | 28.10.2020 | 98 | No Interest for 63 days, thereafter Interest Rate @ 9% p.a. for 7 days and Interest Rate @18% p.a. for 28 days |
Condition for waiver of late fees –
The Circular No 141/11/2020-GST dated 24-06-2020 has clarified that the waiver of late fee is conditional to filing the return of the said tax period by the dates specified in the said notification.
In case the returns in FORM GSTR3B for the said months are not furnished on or before the dates specified in the said notification, then late fee shall be payable from the due date of return, till the date on which the return is filed.
| S. No | Section under which composition levy is opted | Category of registered persons | Rate of Tax |
| 1 | Sub-sections (1) and (2) of section 10 | Manufacturers, other than manufacturers of such goods as may be notified by the Government | Half per cent. of the turnover in the State or Union territory |
| 2 | Sub-sections (1) and (2) of section 10 | Suppliers making supplies referred to in clause (b) of paragraph 6 of Schedule II | Two and a half per cent. of the turnover in the State or Union territory |
| 3 | Sub-sections (1) and (2) of section 10 | Any other supplier eligible for composition levy under sub-sections (1) and (2) of section 10 | Half per cent. of the turnover of taxable supplies of goods and services in the State or Union territory |
| 4 | Sub-section (2A) of section 10 | Registered persons not eligible under the composition levy under subsections (1) and (2), but eligible to opt to pay tax under sub-section (2A), of section 10 | Three per cent of the turnover of taxable supplies of goods and services in the State or Union territory.’’. |
The views expressed by the author is based on his understanding of law and the prevailing circumstances. Taxpayers are requested to use the views judiciously and author shall not be liable for any gain/loss which might arise by referring his article.
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