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AMENDMENTS IN GST LAWS
Amendments in GST laws effective from 01-04-2023
https://www.gstgyaan.com/amendments-in-gst-laws-effective-from-01-04-2023
Amendments in GST laws effective from 01-04-2023
Contents
Para |
Topics |
Notification No |
An amnesty scheme for revocation of cancellation of registration for past cases |
03/2023 - Central Tax |
|
An amnesty scheme for deemed withdrawal of Assessment order passed u/s 62(1) for non-filing of return |
06/2023 - Central Tax |
|
Extension of time limit for issue of order by Proper Officer u/s 73(9) for FY 2017-18 to 2019-20 |
09/2023 - Central Tax |
|
Rationalisation of late fees for Annual Return (GSTR-9) from FY 2022-23 onwards |
07/2023 - Central Tax |
|
An amnesty scheme to RP, who has not filed Annual Return (GSTR-9) for FY 2017-18 to 2021-22 |
07/2023 - Central Tax |
|
An amnesty scheme to RP, who has not filed GSTR-4 for FY 2017-18 to 2021-22 |
02/2023 - Central Tax |
|
An amnesty scheme to RP, who has not filed GSTR-10 after cancellation of GST registration |
08/2023 - Central Tax |
1. An amnesty scheme for revocation of cancellation of registration for past cases
Vide Notification No. 03/2023 - Central Tax dated 31-03-2023, amnesty scheme has been provided in the past cases, where registration has been cancelled on account of non-filing of the returns, but application for revocation of cancellation of registration could not be filed within the time specified in section 30 of CGST Act, by allowing such persons to file such application for revocation by a specified date, subject to certain conditions. |
Extracts of above notification The Central Government notifies that RP, whose registration has been cancelled u/s 29(2)(b) or (c) on or before the 31st Dec, 2022, and who has failed to apply for revocation of cancellation of such registration within the time period specified in section 30 shall follow the following special procedure for revocation of cancellation of such registration, namely:– (a) RP may apply for revocation of cancellation of such registration upto 30th June, 2023; (b) application for revocation shall be filed only after furnishing the returns due upto the effective date of cancellation of registration and after payment of any amount due as tax, in terms of such returns, along with any amount payable towards interest, penalty and late fee in respect of the such returns; (c) no further extension of time period for filing application for revocation of cancellation of registration shall be available in such cases.
Explanation: For the purposes of this notification, the person who has failed to apply for revocation of cancellation of registration within the time period specified in section 30 of the said Act includes a person whose appeal against the order of cancellation of registration or the order rejecting application for revocation of cancellation of registration under section 107 of the said Act has been rejected on the ground of failure to adhere to the time limit specified under sub-section (1) of section 30 of the said Act. |
2. An amnesty scheme for deemed withdrawal of Assessment order passed u/s 62(1) for non-filing of return
Vide Notification No. 06/2023 - Central Tax dated 31-03-2023, an amnesty scheme has been provided for conditional deemed withdrawal of assessment orders in past cases where the concerned return could not be filed within 30 days of the assessment order but has been filed along with due interest and late fee upto a specified date, irrespective of whether appeal has been filed or not against the assessment order, or whether the said appeal has been decided or not. |
Extracts of above notification the Central Government notifies that the registered persons who failed to furnish a valid return within 30 days from the service of the assessment order issued on or before the 28th Feb, 2023 u/s 62(1), in respect of such RP, said assessment order shall be deemed to have been withdrawn, if such RP follow the special procedures as specified below, namely,- (i) the RP shall furnish the said return on or before the 30th day of June 2023; (ii) the return shall be accompanied by payment of interest due u/s 50(1) and the late fee payable u/s 47 irrespective of whether or not an appeal had been filed against such assessment order u/s 107 or whether or not the appeal, if any, filed against the said assessment order has been decided. |
3. Extension of time limit for issue of order by Proper Officer u/s 73(9) for FY 2017-18 to 2019-20
Vide Notification No. 09/2023 - Central Tax dated 31-03-2023, the Government extends the time limit specified u/s 73(10) for issuance of order u/s 73(9), for recovery of tax not paid or short paid or of input tax credit wrongly availed or utilised, relating to the period as specified below, namely:– (i) for the financial year 2017-18, up to the 31st Dec, 2023; (ii) for the financial year 2018-19, up to the 31st March, 2024; (iii) for the financial year 2019-20, up to the 30th June, 2024. |
4. Rationalisation of late fees for Annual Return (GSTR-9) from FY 2022-23 onwards
Presently, late fee of Rs 200 per day (Rs 100 CGST + Rs 100 SGST), subject to a maximum of 0.5% of the turnover in the State or UT (0.25% CGST + 0.25% SGST), is payable in case of delayed filing of annual return in FORM GSTR-9. |
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Vide Notification No. 07/2023 - Central Tax dated 31-03-2023, late fees has been reduced for delayed filing of GSTR-9 from FY 2022-23 onwards as follows
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5. An amnesty scheme to RP, who has not filed Annual Return (GSTR-9) for FY 2017-18 to 2021-22
Vide Notification No. 07/2023 - Central Tax dated 31-03-2023, one time amnesty scheme has been provided to those RP who has not filed GSTR-9 for the FY 2017-18 to 2021-22: |
Extract of above notification RPs who fail to furnish the return u/s 44 by the due date for any of the FY 2017-18, 2018-19, 2019-20, 2020-21 or 2021-22, but furnish the said return between 01-04-2023 to 30-06-2023, late fee u/s 47 payable in respect of the said return, shall stand waived which is in excess of Rs.10,000 + Rs.10,000 |
6. An amnesty scheme to RP, who has not filed GSTR-4 for FY 2017-18 to 2021-22
Vide Notification No. 02/2023-Central Tax dt. 31-03-2023, one time amnesty scheme has been provided to those RP who has not filed GSTR-9 for the FY 2017-18 to 2021-22: |
Extract of above notification Late fees reduced to Rs.250 or nil for FY 2017-18 to 2021-22 if GSTR-4 filed between 01-04-2023 to 30-06-2023 the amount of late fee payable u/s 47 shall stand waived which is in excess of Rs.250 and shall stand fully waived where the total amount of central tax payable in the said return is nil, for the registered persons who fail to furnish the return in FORM GSTR-4 for the quarters from July, 2017 to March 2019 or for the Financial years from 2019-20 to 2021-22 by the due date but furnish the said return between the period from the 1st day of April, 2023 to the 30th day of June, 2023. |
7. An amnesty scheme to RP, who has not filed GSTR-10 after cancellation of registration
Vide Notification No. 08/2023 - Central Tax dated 31-03-2023, one time amnesty scheme has been provided to those RP who has not filed GSTR-10 after cancellation of GST registration. Extract of above notification |
Late fees reduced to Rs.500 + 500 for all RPs the Central Government waives late fee payable u/s 47, which is in excess of Rs.500 for the RPs who fail to furnish GSTR-10 by the due date but furnish the said return between the period 01-04-2023 to 30-06-2023. |
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