New Amnesty Scheme w.e.f. 1st April 2023

Arjuna (Fictional Character): Krishna, GST Council held its 49th GST Council Meeting on 18th Feb 2023 & now it has issued notifications on 31-03-2023. What are these notifications?

Krishna (Fictional Character): Arjuna, GST Department has issued the following notifications regarding:

1. GSTR- 4: If Composition taxpayers who has failed to furnish the return in FORM GSTR-4 for the period from July, 2017 to March 2022 and files the return during 1st April, 2023 to 30th June, 2023 then the late fee will be restricted to Rs. 500 per year.
2. Revocation of Cancelled Registrations: The registered person, whose registration has been cancelled on or before 31-12-2022, and who has failed to apply for revocation of cancellation of such registration within the time period specified shall follow the following special procedure in respect of revocation of cancellation of such registration:
   1. May apply for revocation of cancellation of such registration up to the 30th June, 2023
   2. The application for revocation shall be filed only after furnishing the returns along with payment of tax due up to the effective date of cancellation of registration.
   3. No further extension of time period for filing application shall be available in such cases.
3.  Aadhar Authentication: Where an applicant, other than a person notified under sub-section (6D) of section 25, opts for authentication of Aadhaar number shall undergo authentication of Aadhaar number.
   1. The date of submission of the application shall be the date of authentication of the Aadhaar number, or 15 days from the submission of the application in Part B of FORM GST REG-01 under sub-rule (4), whichever is earlier.
   2. If not then it shall be followed by biometric-based Aadhaar authentication and taking photograph of the applicant where the applicant is an individual .
4. Assessment Order: The registered persons who failed to furnish a valid return within a period of thirty days from the service of the assessment order issued on or before the 28th day of February, 2023 such persons should furnish the said return on or before 30.06.2023 with payment of interest and late fees.
5. Late Fees of GSTR-9: If taxpayer has not filed GSTR 9 for the financial years 2017-18, 2018-19, 2019-20, 2020-21 or 2021-22, but furnish the said return during 1st April, 2023 to 30th June, 2023, the total amount of late fee under section 47 of the said Act payable in respect of the said return, shall stand waived which is in excess of twenty thousand rupees. Late Fees from FY 2022-23 shall be applicable as below:
   1. If Turnover is up to 5 Crore - Late Fees of Rs 50 (Rs 25 CGST and Rs 25 SGST) per day shall be applicable maximum upto 0.04 % of turnover.
   2. If Turnover is between 5Crore and 20 Crore - Late Fees of Rs 100 (Rs 50 CGST and Rs 50 SGST) per day shall be applicable maximum upto 0.04 % of turnover.
   3. If Turnover is above 20 Crore - Late Fees of Rs 200 (Rs 100 CGST and Rs 100 SGST) per day shall be applicable maximum upto 0.50% of turnover.
6. GSTR-10: If GSTR-10 i.e., Final Return is not filled within due date then late fee will be restricted to Rs.1000 if it's filed between 01-04-2023 to 30-06-2023.
7. Extended Due Dates: The Government extended 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. The extended due dates are as follows: For F.Y. 2017-18, it's up to 31-12-2023, For 2018-19 it's 31-03-2024 & For F.Y. 2019-20 it's 30-06-2024.

Arjuna (Fictional Character): Krishna, what should one learn from this?

Krishna (Fictional Character): Arjuna, to provide relief from consequences, the government gives the benefit of the GST Amnesty Scheme, which allows taxpayers to file their pending GST returns without hefty penalties. The GST Amnesty scheme is a welcome relief for such businesses since they can clear their previously pending filings without the burden of high penalties.