Relaxations for Compliances under Indirect Tax Laws
In view of
the nation-wide lockdown on account of the COVID-19 pandemic, the Government of
India has issued various notifications to ensure compliances by embracing accessible
technology and extending time limits for specified compliances.
Key
relaxations provided by way of the notifications are summarised below:
1. GST
returns can be furnished through electronic verification code (‘EVC’) - Notification
No. 38/2020-Central Tax dated May 5, 2020
· This notification amends Rule 26(1) of Central Goods
and Services Tax Rules, 2017 (‘CGST Rules’), to allow a GST-registered
person, registered under the Companies Act, 2013 to, during the period April
21, 2020 to June 20, 2020, furnish returns in Form GSTR 3B, which can be authenticated
using an EVC sent to the registered mobile number. Such facility is made
effective from April 21, 2020.
· For an assessee who is required to furnish a Nil
return in Form GSTR 3B, a new Rule 67A has been inserted in the CGST Rules, to
allow furnishing of such return for a tax period through short messaging
service (‘SMS’), verified by a registered mobile number-based one-time
password (‘OTP’) facility. Such facility will be made effective from a
date to be notified later.
2. Amendment
of notification issued in relation to GST compliance by corporate debtors under
Insolvency and Bankruptcy Code, 2016 - Notification
No. 39/2020-Central Tax dated May 5, 2020
· Time limit for interim resolution professionals (IRP)
or resolution professionals (RP) to obtain new registration as a
distinct person of the corporate debtor, has been amended to be 30 days from
date of appointment of IRP/ RP or June 30, 2020, whichever is later (effective
from March 21, 2020).
· The class of persons covered under Notification
No. 11/2020-Central Tax dated March 21, 2020 will not
include corporate debtors who have furnished the GST returns for all tax
periods prior to appointment of IRP/RP.
· The validity of e-way bills generated prior to March
24, 2020, and expiring during the period March 20, 2020 to April 15, 2020, has
been extended till May 31, 2020.
4. Extension
of time limit for filing annual return for FY 2018-19 - Notification
No. 41/2020-Central Tax dated May 5, 2020
· The time limit for furnishing annual returns in Form
GSTR 9 and Form GSTR 9C for FY 2018-19 has been extended till September 30,
2020.
5. Due
dates for filing return in Form GSTR 3B for the Union territories of Jammu and
Kashmir and Ladakh – Notification
No. 42/2020-Central Tax dated May 5, 2020
· The said notification amends the due date for filing
of return in Form GSTR 3B for registered persons whose principal place of
business is in the Union Territories of Jammu and Kashmir and Ladakh as
follows:
This notification is effective from March 24, 2020.
6. Extension
of time limit for filing acknowledgement of declaration under Himachal Pradesh
(Legacy Cases Resolution) Scheme, 2019 –
Notification No. EXN-F-(10)-7/2019- Vol.-I dated April 27, 2020
· On account of complete lockdown in the country due to
COVID-19 pandemic, the time limit for filing acknowledgement of declaration as
per the provisions of Himachal Pradesh (Legacy Cases Resolution) Scheme, 2019
has been extended till September 30, 2020.