This is to apprise you regarding the recent Notifications and Circulars issued by the Central Government and Central Board of Indirect Taxes and Customs (‘CBIC’) respectively. A gist of the same is as under: 

1. Extension in validity of e-way bills 

• Validity of e-way bills generated till March 24, 2020 and expiring between March 20, 2020 to April 15, 2020, has been extended till May 31, 2020 (this was earlier extended till April 30, 2020).

(Notification No. 40/2020 – Central Tax dated May 5, 2020) 

2. Filing of Form GSTR-3B through EVC and SMS 

• For filings during the period April 21, 2020 to June 30, 2020, Companies can verify their Form GSTR-3B through Electronic Verification Code (‘EVC’) in addition to Digital Signature.

• Taxpayers can file Nil Form GSTR-3B by sending message (SMS) from registered mobile number and verify the same through One Time Password (OTP).

NITYA Comments: Though the above relaxation has come for Form GSTR-3B, Companies also need to verify Form GSTR-1 through Digital Signature. Surprisingly, the Government has not brought this relaxation for Form GSTR-1.

(Notification No. 38/2020 – Central Tax dated May 5, 2020) 

3. Companies undergoing Insolvency process

• Taxpayers, who have filed Form GSTR-1 and Form GSTR-3B for all tax periods prior to appointment of Interim Resolution Professional (‘IRP’) or Resolution Professionals (‘RP’) need not follow special procedure prescribed vide Notification No.11/2020 – Central Tax dated March 21, 2020.

• IRP / RP shall be considered as distinct person from the appointed date and shall be required to take registration in all States where Corporate Debtor was earlier registered. Fresh registration needs to be obtained within 30 days of appointment of IRP / RP or June 30, 2020, whichever is later.

NITYA Comments: For detailed procedure referred in Notification No.11/2020 – Central Tax dated March 21, 2020, please refer our update NITYA’s Insight | Issue 107 | Recent Notifications, Circulars and announcements in Indirect Taxes issued post 39th GST Council meeting and COVID-19 outbreak dated March 27, 2020.

(Notification No. 39/2020 – Central Tax dated May 5, 2020 and Circular No. 138/08/2020 – GST dated May 6, 2020)

4. Extension in annual compliances for FY 2018-19

• The last date for filing GSTR-9: Annual return and GSTR-9C: Reconciliation Statement for Financial Year 2018-19 has been extended till September 30, 2020.

(Notification No. 41/2020 – Central Tax dated May 5, 2020)

5. Inter-head transfer of balances in Electronic Cash Ledger 

• The Government has activated facility of inter-head transfer of balances in Electronic Cash Ledger between IGST, CGST, SGST, Cess, Interest, Penalty, Fee and Others. Taxpayers need to file Form PMT-09 to transfer such balances.

(Notification No. 37/2020 – Central Tax dated April 28, 2020)

6. Implication of extension of dates

• Vide Notification No. 35/2020 – Central Tax dated April 3, 2020, the Government extended various due dates falling between March 20, 2020 and June 29, 2020 to June 30, 2020. Basis this, the CBIC has clarified that following due dates shall also stand extended:

• Form ITC-04 for the quarter ending March 2020

• Export of goods by Merchant Exporter within 90 days from date of invoice of supplier where the supplier is paying GST at concessional rate of 0.1%

(Circular No. 138/08/2020 – GST dated May 6, 2020)