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 resuitantly 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 Haryana Goods and Services Tax Act. 2017 (hereinafter referred to as the "HGST Act"). Government has announced various relief measures relating to statutory and regulatory compliance matters across sectors.
2. Government has issued following notifications in order to provide relief to the taxpayers:
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 HGST 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 No.35/GST-2, dated 16.04.2020. 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 No.36/GST-2. dated 16.04.2020. 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 per the notification No. 37/GST-2. dated 16.04.2020, 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. 202(1 then interest at 18% per annum shall be payable from the due date of return, 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 register person must furnish the returns in FORM GSTR-3B on or before the date as mentioned in the notification No.36/GST-2, dated 16.04.2020.
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 due date of return, till the date on which the return is filed as explained in the illustration at serial number (4) above, against entry 5. In addition, regular late fee shall also be leviable for such delay along with liability for penalty.
4. Difficulties faced, if any, in implementation of the above instructions may please be brought to the notice of the Department.
SHEKHAR VIDYARTHI
Excise & Taxation Commissioner-cum-
Commissioner of State Tax, Haryana