Important FAQs About GST Amnesty Scheme 2021 for Waiver of Late Fees
Introduction of GST Amnesty Scheme 2021
Amnesty means providing relief from some penal action. Recently GST amnesty scheme 2021 is announced by CBIC. It is a scheme to waive late fees. The fees are accumulated due to non-filing or late filing of returns.
FAQ’s on GST Amnesty Scheme 2021
Q1. What is the GST amnesty scheme 2021 for waiver of late fees?
A. GST amnesty scheme 2021 is a scheme to waive off the late fees for delayed filing of returns. GSTR 1 and GSTR 3b are the two main returns. There are late fees for late filing of these returns. Even if the turnover is NIL, Late fees are leviable. There are many taxpayers who skipped their return filing and a huge amount of late fees was accumulated. This late fee is levied per month per return basis. It may run into lakhs of rupees even for a small business. The amnesty scheme 2021 is introduced to waive off the late fees for the late filing of these returns.
Q2. Who is eligible for the GST amnesty scheme 2021?
A. Every registered taxpayer under a normal levy is eligible for this amnesty scheme.
Q3. Which period is covered in the GST amnesty scheme 2021?
A. GST amnesty scheme 2021 covers the period from July 2017 to June 2021. Any return during this period can be filed under the scheme. The benefit is available since the inception of GST till date.
Q4. What is the condition to avail of the GST amnesty Scheme 2021?
A. The registered Taxpayer who wants to get the benefit of the scheme is required to file the return within the prescribed period. The period to file a return is prescribed from 1st June 2021 to 31st August 2021.
Q5. Can I get the refund of the late fees paid while filing the returns?
A. Amnesty schemes don’t provide any refund. Thus any late fees paid by any taxpayer are not refundable. Also, the scheme benefits the taxpayers filing the return in the prescribed time period only. Any return even if filed earlier to that time is not eligible for the benefit under the scheme.
Q6. Whether a late fee pending for the returns filed before the announcement of the Amnesty scheme is also waived off?
A. No, The late fee is waived off only for returns filed during the prescribed time. It can’t be before the announcement of the Scheme.
Q7. How much late fees are required to be paid by a taxpayer if they opt for this scheme?
A.
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- Late fees for normal return is Rs. 500 for CGST per return + Rs. 500 for SGST per return.
- Late fees for NIL return is Rs. 250 for CGST per return Plus Rs. 250 for SGST per return.Which notifications cover the provisions related to GST amnesty Scheme 2021?
Notification no. 19/2021 covers the provisions related to the amnesty scheme in GST.
Q8. Which return is covered under the GST amnesty Scheme 2021?
A. GSTR 3b is considered for a late fee waiver under the GST amnesty scheme.
Q9. Whether the Amnesty Scheme provides any immunity from section 16(4)?
A. No, Amnesty Scheme is only for late fees waiver. It has nothing to do with the restriction of ITC under section 16(4).
Q 10. What does it mean?
A. It means that even if a return is filed under the amnesty scheme, ITC is time-barred. Then ITC is not available. The amnesty scheme doesn’t provide for the eligibility of ITC.
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CA Shafaly Girdharwal
CA
New Delhi, India
CA Shaifaly Girdharwal is a GST consultant, Author, Trainer and a famous You tuber. She has taken many seminars on various topics of GST. She is Partner at Ashu Dalmia & Associates and heading the Indirect Tax department. She has authored a book on GST published by Taxmann.
