Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments
Print   |    |  Comment

GST UPDATE ON IN-DEPTH ANALYSIS OF NOTIFICATION EXTENDING DUE DATE OF FILING RETURN FOR MAY, 2020 68/2020-21

GST UPDATE ON IN-DEPTH ANALYSIS OF NOTIFICATION EXTENDING DUE DATE OF FILING RETURN FOR MAY, 2020 68/2020-21
The government is trying its best to provide relaxations to the trade and industry and has lowered the rate of interest on delayed payment of taxes and has extended the due date of filing return for the month of May, 2020 vide Notification No. 36/2020-Central Tax dated 03.04.2020 by way of insertion of provisos.  The present update seeks to discuss the manner of amending the notification no. 29/2020-Central Tax dated 23.03.2020 and the issue of interest liability for the month of May, 2020.
 
The Notification No. 36/2020-Central Tax dated 03.04.2020 has inserted three provisos to provide the due date of filing return GSTR-3B by the assessees for the month of May, 2020. The third proviso, being inserted states that the GSTR-3B shall be furnished electronically on or before 27th June, 2020 for assessees having aggregate turnover of more than Rs. 5 Crores in the previous financial year. Thereafter, the fourth and fifth proviso prescribes the due date for assessees having aggregate turnover of upto Rs. 5 Crores in the previous financial year on the basis of States as 12th July, 2020 and 14th July, 2020. Now, coming to the notification no. 29/2020-Central Tax dated 23.03.2020 prescribing due dates of GSTR-3B for the month of April, 2020 to September, 2020. The said notification stated that GSTR-3B should be filed on or before the 20th day of the month suceeding such month. The first proviso and second proviso provides due date of filing GSTR-3B for assessees having aggregate turnover upto Rs. 5 Crores in the previous financial year as 22nd day/24th day of the month suceeding such month. It is also worth mentioning that the paragraph no. 2 of this notification states that every registered person furnishing GSTR-3B shall make payment of taxes, not later than the last date as specified in the first paragraph on which he is required to furnish the said return.
 
Now, the question arises is whether the last date of payment of taxes as mentioned in the paragraph no. 2 of the Notification No. 29/2020-Central Tax dated 23.03.2020 also stands modified in light of the amendment made in the due date of filing return for the month of May, 2020 vide Notification No. 36/2020-Central Tax dated 03.04.2020? Well, in order to address this question, it is pertinent to refer to the meaning of paragraph vis a vis proviso in the notification.
 
As per the dictionary meaning of paragraph, it is a distinct section of a piece of writing, usually dealing with a single theme and indicated by a new line, indentation, or numbering. Now, the question arises is that whether provisos inserted can be considered to be part of the first paragraph of the notification no. 29/2020-Central Tax dated 23.03.2020? If we speak of legal language, the sub-sections of a section may contain provisos and while interpreting the particular sub-section, the proviso is also considered as part of the said sub-section. The proviso is indented or started with a new line but the exception it carves is to be applied to the said sub-section. Consequently, going by the numbering distinction, as the paragraph no. 2 is separately demarcated, the provisos of first paragraph would form part of first paragraph and so the last date of payment of taxes for the month of May, 2020 would be the due dates revised vide Notification No. 36/2020-Central Tax dated 03.04.2020.
Therefore, in our opinion, no interest would be payable by the assessee if the taxes are paid by them after 20th June, 2020. This interpretation also holds good as when the original notification no. 29/2020-Central Tax dated 23.03.2020 was issued, then also, the assessees having turnover upto Rs. 5 Crores were not liable to pay interest for the period from 20th day of the suceeding month to the 22nd or 24th day of the suceeding month.
The intention of the government to extend the due date of return and payment of taxes for the month of May, 2020 is clear and obvious but the way the amendments are being carried out complicate the interpretation.

This is solely for educational purpose.
You can reach us at www.capradeepjain.com , at our facebook page on https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/ as well as follow us on twitter at https://www.twitter.com/@capradeepjain21

Post a Comment
Department News


Query
 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com