Background:
Earlier, vide Notification No. 14/2021- Central Tax dated May 01, 2021 has sought to extend due date of compliance which falls during the period from April 15, 2021 to May 30, 2021 till May 31, 2021.
Now, the Ministry of Finance issued Press Release dated May 28, 2021 pertaining to decisions taken in 43rd GST Council meeting wherein recommendations was made for extension of time limit for completion of various actions, by any authority or by any person, under the GST Law, which falls during the period from April 15, 2021 to June 29, 2021 upto June 30, 2021. Following notification has been issued in this regard:
Notification:
The CBIC vide Notification No. 24/2021- Central Tax dated June 01, 2021 has sought to extend due date of compliance which falls during the period from “April 15, 2021 to June 29, 2021” till June 30, 2021.
In view of the second wave of COVID 19 pandemic, it has been notified as under –
(i) where, any time limit for completion or compliance of any action, by any authority or by any person, has been specified in, or prescribed or notified under the CGST Act, which falls during the period from the April 15, 2021 to June 29, 2021, the time limit for completion or compliance of such action, shall be extended up to the June 30, 2021, including for the purposes of –
a. completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the CGST Law; or
b. filing of any appeal, reply or application or furnishing of any report, document, return, statement or such other record, by whatever name called, under the provisions of the CGST Law;
but, such extension of time shall not be applicable for the compliances of the provisions of the CGST Act, as mentioned below –
a. Chapter IV– Time and Value of supply
b. Section 10(3), Sections 25 i.e., Procedure for Registration, Section 27 i.e. Special provisions relating to casual taxable person and non-resident taxable person, Section 31 i.e. Tax Invoice, Section 37 i.e. Furnishing of details of Outward Supplies, Section 47 i.e. Levy of Late Fees, Section 50 i.e. Interest on delayed payment of Tax, Section 69 i.e., Power to Arrest, Section 90 i.e. Liability of partner of firm to pay tax, Section 122 i.e. Penalty of certain offences, Section 129 i.e. Detention, seizure and release of goods and conveyances in transit
c. Section 39 i.e., Furnishing of Returns, except sub-section (3), (4) and (5).
d. Section 68 i.e., Inspection of goods in movement, in so far as e-way bill is concerned; and
e. rules made under the provisions specified at clause (a) to (d) above;
However, for the purpose of verification of the registration application and approval under Rule 9 of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”) falls during the period of from May 01, 2021 to June 30, 2021, then, the time limit for the same has been extended upto July 15, 2021.
(ii) Where the notice has been issued for rejection of refund claim (in part or full) and the time limit for issuance of order under Section 54(5) and (7) of the CGST Act falls during the period of from April 15, 2021 to June 29, 2021 then the time limit for issuance of order shall be extended to the later of:
a. 15 days after the receipt of reply to the notice from the registered person or
b. June 30, 2021
The Notification shall come into force with effect from May 30, 2021.
Our Comments:
It is to be noted that recently Hon’ble Supreme Court of India in Re: Cognizance for extension of limitation [Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020, dated April 27, 2021] extended the limitation period for the filing of cases in Courts and Tribunals w.e.f. March 14, 2021 until further orders in view of the steep rise in COVID-19 cases due to second wave of the COVID-19 virus pandemic. The taxpayers can choose to avail the benefit of the this order.
To know more kindly watch following videos by CA Bimal Jain:
- “Extension in time limit for GST Compliances to 30-06-2021 viz. Recent SC Judgment” at: https://youtu.be/dl3RK6WQVgo
- “SC: Period of Limitation extended till Further Order…Applicability in GST” at: https://youtu.be/3X_8wi3bEaA
The Notification can be accessed at: https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-24-central-tax-english-2021.pdf