The Tax Publishers

GST--Amnesty Schemes

Recent Relief Measures Under GST

CA. Satyadev Purohit

Pursuant to recommendations of the GST Council in its 49th Meeting, the Central Government has notified various relief measures for the GST taxpayers. These measures include amnesty scheme for GSTR-10 non-filers, amnesty scheme for GSTR-9 non-filers, amnesty scheme for deemed withdrawal of best-judgment assessment orders under section 6,2 subject to the condition that the relevant compliances are made during the period 1-4-2023 to 30-6-2023. The learned author seeks to make an overview of these relief measures.

1. Amnesty to GSTR-4 non-filers

Form GSTR-4 is required to be furnished by a composition taxable persons. During the period July, 2017 to March, 2019, the Form GSTR-4 was required to be furnished by a composition taxable person on quarterly basis and for the financial years from 2019-20 and onwards, Form GSTR-4 is required to furnished on annual basis.

In case of failure to furnish Form GSTR-4, a late fees of Rs. 200 per day (CGST Rs. 100 + SGST Rs. 100) is payable subject to a maximum amount of Rs. 10,000 (CGST Rs. 5000 + SGST Rs. 5000) per return.

In case of failure to furnish Form GSTR-3B, the Central Government has rationalized the maximum amount of late fees. However, there was not such relief in case of composition taxable persons.

Now, the Central Government vide Notification No. 2/2023-Central Tax, dt. 31-03-2023 has inserted a proviso under Notification No. 73/2017-Central Tax, dt. 29-12-2017 so as to waive the amount of late fee for failure to furnish Form GSTR-4 pertaining to the past periods in excess of Rs. 500 (CGST Rs. 250 + SGST Rs. 250) where there was any taxable supply for the period. Further, there shall be full waiver of late fees for failure to furnish Form GSTR-4, where the total amount of tax payable in the said return is nil.

The above relaxation is subject to the condition that the GSTR-4 for the above periods is furnished between the period from the 1-4-2023 to 30-6-2023.

If a taxpayer fails to avail the benefit of the amnesty by furnishing the pending return between the above period, it will have to incur the maximum penalty of Rs. 10000 per return.

It may be noted that the above relief is applicable only for pending GSTR-4 for the period July, 2017 to March, 2019 and for the financial years from 2019-20 to 2021-22. In respect of delay in furnishing Form GSTR-4 for the subsequent period, the maximum late fees of Rs. 10,000 would continue to be charged.

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