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THE ASSAM GOODS AND SERVICES TAX ACT, 2017 Notifications History
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Body NOTIFICATION No. FTX.56/2017/Pt-1/187, Dated, 28th February, 2019

In exercise of the powers conferred by section 128 of the Assam Goods and Services Tax Act, 2017 (Assam Act No. XXVIII of 2017) (hereafter in this notification referred to as the "said Act"), the Governor of Assam, on the recommendations of the Council, and in supersession of the Government of Assam, Finance (Taxation) Department, notification No. FTX.56/2017/Pt-III/2 dated the 24th October, 2017, published in the Assam Gazette, Extraordinary, vide number 606 dated the 27th October, 2017, Government of Assam, Finance (Taxation) Department, notification No. FTX.56/2017/Pt-III/31 dated the 01st December, 2017, published in the Assam Gazette, Extraordinary, vide number 695 dated the 01st December, 2017 and Government of Assam, Finance (Taxation) Department, notification No. FTX.56/2017/Pt-II/50 dated the 14th December, 2017 dated the 01st December, 2017, published in the Assam Gazette, Extraordinary, vide number 751 dated the 18th December, 2017, except as respects things done or omitted to be done before such supersession, hereby waives the amount of late fee payable by any registered person for failure to furnish the return in FORM GSTR3B for the month of July, 2017 onwards by the due date under section 47 of the said Act, which is in excess of an amount of twenty-five rupees for every day during which such failure continues:

Provided that where the total amount of state tax payable in the said return is nil, the amount of late fee payable by such registered person for failure to furnish the said return for the month of July, 2017 onwards by the due date under section 47 of the said Act shall stand waived to the extent which is in excess of an amount of ten rupees for every day during which such failure continues:

Provided further that the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the return in FORM GSTR-3B for the months of July, 2017 to September, 2018 by the due date but furnishes the said return between the period from 22nd December, 2018 to 31st March, 2019.

Provided also that the amount of late fee payable under section 47 shall stand waived for the tax period as specified in column (3) of the Table given below, for the class of registered persons mentioned in the corresponding entry in column (2) of the said Table, who fail to furnish the returns in FORM GSTR-3B by the due date, but furnishes the said return according to the condition mentioned in the corresponding entry in column (4) of the said Table, namely:-

Table

S. No. Class of registered persons Tax period Condition
(1) (2) (3) (4)
1. Taxpayers having an aggregate turnover of more than rupees 5 crores in the preceding financial year February, 2020, March, 2020 and April, 2020 If return in FORM GSTR-3B is furnished on or before the 24th day of June, 2020
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 Assam February, 2020 If return in FORM GSTR-3B is furnished on or before the 30th day of June, 2020
March, 2020 If return in FORM GSTR-3B is furnished on or before the 5th day of July, 2020
April, 2020 If return in FORM GSTR-3B is furnished on or before the 9th day of July, 2020
May, 2020 If return in FORM GSTR-3B is furnished on or before the 15th day of September, 2020
June, 2020 If return in FORM GSTR-3B is furnished on or before the 25th day of September, 2020
July, 2020 If return in FORM GSTR-3B is furnished on or before the 29th day of September, 2020

Provided also that the total amount of late fee payable for a tax period, under section 47 of the said Act shall stand waived which is in excess of an amount of two hundred and fifty rupees for the registered person who failed to furnish the return in FORM GSTR-3B for the months of July, 2017 to January, 2020, by the due date but furnishes the said return between the period from 01st day of July, 2020 to 30th day of September, 2020:

Provided also that where the total amount of State tax payable in the said return is nil, the total amount of late fee payable for a tax period, under section 47 of the said Act shall stand waived for the registered person who failed to furnish the return in FORM GSTR-3B for the months of July, 2017 to January, 2020, by the due date but furnishes the said return between the period from 01sl day of July, 2020 to 30th day of September, 2020.

Provided also that for the class of registered persons mentioned in column (2) of the Table of the above proviso, who fail to furnish the returns for the tax period as specified in column (3) of the said Table, according to the condition mentioned in the corresponding entry in column (4) of the said Table, but furnishes the said return till the 30th day of September, 2020, the total amount of late fee payable under section 47 of the said Act, shall stand waived which is in excess of two hundred and fifty rupees and shall stand fully waived for those taxpayers where the total amount of State tax payable in the said return is nil:

Provided also that for the taxpayers having an aggregate turnover of more than rupees 5 crores in the preceding financial year, who fail to furnish the return in FORM GSTR-3B for the months of May, 2020 to July, 2020, by the due date but furnish the said return till the 30th day of September, 2020, the total amount of late fee under section 47 of the said Act, shall stand waived which is in excess of two hundred and fifty rupees and shall stand fully waived for those taxpayers where the total amount of State tax payable in the said return is nil.

This notification shall be deemed to have come into force from 31st day of December, 2018.

RAJIV KUMAR BORA,

Additional Chief Secretary to the Government of Assam,

Finance Department.