Subject: Clarification in respect of various measures announced by the Government for providing relief to the taxpayers in view of spread of Novel Corona Virus (COVID-19) - Reg.
The spread of Novel Corona Virus (COVID-19) across many countries of the world, including India, has caused immense loss to the lives of people and resultantly impacted the trade and industry. In view of the emergent situation and challenges faced by taxpayers in meeting the compliance requirements under various provisions of the Assam Goods and Services Tax Act, 2017 (hereinafter referred to as the "Assam GST Act"), Government has announced various relief measures relating to statutory and regulatory compliance matters across sectors.
2. CBIC has issued following notifications in order to provide relief to the taxpayers and State notification are being issued corresponding to the Central Notifications:
3. Various issues relating to above mentioned notifications have been examined. In order to ensure uniformity in the implementation of the provisions of the law across the field formations, the Commissioner of State tax, in exercise of its powers conferred under section 168 of the Assam GST Act hereby clarifies each of these issues as under:-
(i) furnish the statement of details of payment of self-assessed tax in FORM GST CMP-08 for the quarter January to March. 2020 by 07.07.2020: and
(ii) furnish the return in FORM GSTR-4 for the financial year 2019-20 by 15.07.2020.
2. In addition to the above, taxpayers opting for the composition scheme for the financial year 2020-21. have been allowed, as per the notification as referred in si. no. (1) in para 2 above, to,-
(i) file an intimation in FORM GST CMP-02 by 30.06.2020; and
(ii) furnish the statement in FORM GST ITC-03 till 31.07.2020.
2. However, as per notification referred in si. no. (2) in para 2 above, NIL rate of interest for first 15 days after the due date of filing return in FORM GSTR-3B and reduced rate of interest @ 9% thereafter has been notified for those registered persons whose aggregate turnover in the preceding financial year is above Rs. 5 Crore. For those registered persons having turnover up to Rs. 5 Crore in the preceding financial year, NIL rate of interest has also been notified.
3. Further, vide notification as referred in si. no. (3) in para 2 above, Government has waived the late fees for delay in furnishing the return in FORM GSTR-3B for the months of February, March and April, 2020.
4. The lower rate of interest and waiver of late fee would be available only if due tax is paid by filing return in FORM GSTR-3B by the date(s) as specified in the Notification.
2. The reduced rate of interest is subject to the condition that the registered person must furnish the returns in FORM GSTR-3B on or before 24th day of June, 2020.
3. In case the returns in FORM GSTR-3B for the said months are not furnished on or before 24th day of June, 2020 then interest at 18% per annum shall be payable from the day succeeding the day on which the tax was due to be paid, till the date on which the return is filed. In addition, regular late fee shall also be leviable for such delay along with liability for penalty.
Illustration-.- Calculation of interest for delayed filing of return for the month of March, 2020 (due date of filing being 20.04.2020) may be illustrated as per the below Table:
2. The conditions for availing the NIL rate of interest is that the registered person must furnish the returns in FORM GSTR-3B on or before the date as mentioned in the notification as referred in si. no. (2) in para 2 above.
3. In case the return for the said months are not furnished on or before the date mentioned in the notification then interest at 18% per annum shall be charged from the day succeeding the day on which the tax was due to be paid, till the date on which the return is filed as explained in the illustration at sl.no (4) above, against entry 5. In addition, regular late fee shall also be leviable for such delay along with liability for penalty.
4. This Circular is clarificatory in nature and not meant for any interpretation of provisions of the Act and rules.
5. Difficulties, if any, in implementation of the above instructions may be brought to the notice of the Commissioner at an early date.
6. This Circular shall be deemed to have been issued on 3rd April, 2020.
Sd/-Anurag Goel,
Commissioner of State tax, Assam,
Dispur, Guwahati