The government makes changes to the GST laws and regulations on a regular basis in order to improve and streamline the system. The government issued a series of GST notifications on March 31, 2023. Highlights of these notifications is as follows:
Late fee waiver for FORM GSTR-4: Notification No. 02/2023–CENTRAL TAX
| Period | Nature of Return | Late Fee Waiver |
|---|---|---|
| July 2017 to March 22 | NIL Return | Completely waived |
| July 2017 to March 22 | Other than NIL Returns | Reduced to Rs. 500/-(CGST+SGST) |
Note: The late fee waiver or reduction is applicable only for FORM GSTR-4 filed between 01.04.2023 to 30.06.2023.
Amnesty scheme for revocation of cancellation: Notification No. 03/2023 – CENTRAL TAX
Registered persons can apply for the revocation of cancellation of their registrations whose registrations have been cancelled on or before 31.12.2022 due to non-filing of returns until 30.06.2023 , but only after filing the due returns and paying any tax, interest, penalty, and late fee applicable to these returns. The government has clarified that no further extension of the time period for filing an application for the revocation of cancellation of registration shall be available in such cases.
Changes in rules pertaining to procedure regarding Aadhar authentication and biometric verification of applicants: Notification No. 04/2023 – Central Tax
- Aadhar authentication application will be considered submitted on the date of Aadhar number authentication or 15 days from the submission of application in part B of Form GST REG-01 whichever is earlier.
- Person who has opted for authentication of Aadhaar number and is identified on the common portal, based on data analysis and risk parameters, shall be followed by biometric-based Aadhaar authentication and taking photograph of the applicant along with the verification of the original copy of the documents uploaded with the application in FORM GST REG-01 at one of the Facilitation Centers.
- Application shall be deemed to be complete only after completion of the process.
- (Rule 8 (4A) and (4B) has been substituted to make changes.)
Amnesty scheme has been provided for registered persons in whose cases are under the Assessment of non- filers of return (section 62 of CGST ACT): Notification No. 06/2023 – CENTRAL TAX
- If a registered person fails to file a valid return within 30 days of the assessment order being issued on or before February 28, 2023, the assessment order will be deemed withdrawn if certain procedures are followed.
- Regardless of whether an appeal was filed against the assessment order or whether the appeal was decided, these registered persons must file the said return by June 30, 2023, along with payment of interest and late fees.
Late fees for Annual Returns (GSTR9 +GSTR 9C) u/s 44 for the F.Y 2022-23 onward: Notification No. 07/2023 – CENTRAL TAX
| Aggregate turnover of registered person | Late fees |
|---|---|
| Up to INR 5 crore | INR 25 per day, subject to a maximum of 0.02% of turnover in the state or union territory(CGST+SGST) |
| More than INR 5 crore and up to INR 20 crore | INR 50 per day, subject to a maximum of 0.02% of turnover in the state or union territory(CGST+SGST) |
Registered persons who fail to furnish Annual return by the due date for any of the financial years 2017-18, 2018-19, 2019-20, 2020-21 or 2021-22, but furnish the said return between the period from the 1st day of April, 2023 to the 30th day of June, 2023, the total amount of late shall stand waived which is in excess of ten thousand rupees. (CGST+SGST)
Amnesty scheme for Final Return in FORM GSTR-10: Notification NO. 08/2023 – CENTRAL TAX
Final Return is furnished from 01.04.2023 to 30.06.2023 with a maximum payment of late fees of Rs 1000/- only. (CGST+SGST)
Extended the time limit for issuance of order u/s 73: Notification NO. 08/2023 – CENTRAL TAX
168A has again been invoked by the Govt to extend the time limit for issuance of order u/s 73 of the Act for recovery of tax not paid or short paid or of ITC wrongly availed or utilized.
Notifications are attached here for ready reference.
Disclaimer: This Article is only a knowledge sharing initiative and is based on the Relevant Provisions as applicable and as per the information existing at the time of the preparation. In no event RMPS & Co. or the Author or any other persons be liable for any direct and indirect result from this Article or any inadvertent omission of the provisions, update etc. if any.
Published on: April 1, 2023