Home India Government of The National Capital Territory of Delhi In exercise of the powers conferred by section 168 of the De...
Date: 2021-01-20 Category: Extra Ordinary State: Union Government Country: India

In exercise of the powers conferred by section 168 of the Delhi Goods and Services Tax Act

Issued by Government of The National Capital Territory of Delhi · Trade and Taxes Department

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Executive Summary & Key Takeaways

## Report on Delhi Goods and Services Tax (GST) Return Filing Notification **1. Executive Summary:** This report analyzes a notification issued by the Government of the National Capital Territory of Delhi regarding the filing of Goods and Services Tax (GST) returns. The notification pertains specifically to FORM GSTR-3B filing for the months of October 2020 to March 2021. It specifies the due dates for electronic filing through the common portal, providing a different deadline for taxpayers with an aggregate turnover of up to five crore rupees in the previous financial year whose principal place of business is in Delhi. It also addresses the method and timing of tax payments. The notification is effective from October 15, 2020. **2. Introduction:** This report aims to provide a comprehensive overview of the Delhi Goods and Services Tax notification No. 762020 State Tax No. F.2317POLICYGST2020/34858, issued on January 20, 2021, based solely on the text of the notification itself. The report is intended to inform affected industry members about the requirements and implications of this notification. **3. Policy Overview:** This document constitutes an amendment to existing rules concerning GST returns, specifically addressing the timing of GSTR-3B filings. The core objective, as inferred from the provided text, is to specify and potentially relax the deadlines for filing GSTR-3B returns for specific taxpayers within Delhi. **4. Background and Rationale:** This document appears to be an amendment clarifying or adjusting the filing deadlines of GSTR-3B. The likely reason for this specific amendment is to provide a more lenient deadline for smaller businesses within the National Capital Territory of Delhi, specifically those with an aggregate turnover of up to five crore rupees in the previous financial year. This aims to ease the compliance burden on smaller businesses during the period of October 2020 to March 2021. **5. Key Provisions / Changes:** This notification amends the deadlines for filing GSTR-3B returns. * **What is being changed:** The original GST rules for the National Capital Territory of Delhi concerning the due date for filing FORM GSTR-3B. * **What the new rule/provision is:** * For all taxpayers, the return in FORM GSTR3B for each of the months from October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twentieth day of the month succeeding such month. * Taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the National Capital Territory of Delhi, the return in FORM GSTR3B for the months of October, 2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twentyfourth day of the month succeeding such month. * Every registered person furnishing the return in FORM GSTR3B of the said rules shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax by debiting the electronic cash ledger or electronic credit ledger. The liability towards interest, penalty, fees or any other amount payable under the said Act must be debited from the electronic cash ledger no later than the filing deadline. * **The difference or the effect of this specific change:** A later deadline (the 24th instead of the 20th of the month succeeding the return period) is provided for smaller businesses located in Delhi with a turnover of up to five crore rupees. **6. Target Audience and Stakeholders:** The primary target audience consists of registered taxpayers in the National Capital Territory of Delhi, particularly those with an aggregate turnover of up to five crore rupees in the previous financial year. Tax professionals and consultants advising businesses on GST compliance are also key stakeholders. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Commissioner State Tax, operating under the Department of Trade and Taxes, GST Policy Branch, Government of the National Capital Territory of Delhi, is the responsible authority. The GST Council's recommendations are also referenced. * **Timelines/Procedures:** The notification applies to the period from October 2020 to March 2021. Taxpayers must file GSTR-3B electronically through the common portal by the 20th or 24th of the following month, depending on their turnover. Payment of taxes must also be completed by the filing deadline through debiting the electronic cash or credit ledger. The effective date of this notification is October 15, 2020. **8. Expected Outcomes / Impact of Changes:** The intended outcome of these changes is likely to provide a more manageable filing schedule for smaller businesses in Delhi during the specified period. This may lead to increased compliance rates and reduced penalties for late filing among this specific segment of taxpayers. **9. Conclusion:** The Delhi GST notification provides clarity on the GSTR-3B filing deadlines for the period of October 2020 to March 2021. The amendment introduces a differentiated deadline for smaller businesses in Delhi, potentially easing their compliance burden. This notification is significant for businesses operating within the National Capital Territory of Delhi and requires them to adhere to the specified filing timelines to avoid penalties. It is important that they also make the necessary tax payments within the specified deadlines.

Key Entities Referenced

Delhi: Place of publication. National Capital Territory of Delhi: Political division where the policy is applicable; location of the Department of Trade and Taxes. Department of Trade and Taxes: Government department issuing the notification. Delhi Goods and Services Tax Act, 2017: Legislation under which the notification is issued. Delhi Goods and Services Tax Rules, 2017: Rules related to the Delhi Goods and Services Tax Act, 2017 FORM GSTR3B: Form for filing returns. Council: An advisory body whose recommendations are considered. Commissioner State tax: The issuer of the notification. Santosh D. Vaidya: Commissioner State tax, signatory of the notification.
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रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99 भारत सर कार GOVERNMENT OF INDIA xxxGIDHxxx एस.जी.-डी.एल.-अ.-21012021-224607 xxxGIDExxx SG-DL-E-21012021-224607 असाधारण EXTRAORDINARY प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 23] दिल्ली, बधु वार, िनवरी 20, 2021/पौष 30, 1942 [रा.रा.रा.क्ष.ेदि. स.ं 283 No. 23] DELHI, WEDNESDAY, JANUARY 20, 2021/PAUSHA 30, 1942 [N. C. T. D. No. 283 भाग IV PART IV राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI O;kikj ,oa dj foHkkx ¼uhfr 'kk[kk½ vf/klwpuk fnYyh] 20 tuojh] 2021 la- 76@2020&jkT; dj la-Qk- 2¼317½@ikWfylh&th,lVh@2020@348&358-&vk;qDr] fnYyh eky ,oa lsokdj fu;e] 2017 ¼ftls blds i'pkr~ bl vf/klwpuk eas mä fu;e dgk x;k gS½ ds fu;e 61 ds mifu;e ¼5½ ds lkFk ifBr fnYyh eky vkSj lsok dj vf/kfu;e] 2017 ¼2017 dk 03½ ¼ftls bleas blds i'pkr~ bl vf/klwpuk eas mä vf/kfu;e dgk x;k gS½ dh /kkjk 168 }kjk çnÙk 'kfä;kas dk ç;kxs djrs gq,] ifj"kn~ dh flQkfj'kka s ij] fofufnZ"V djrk gS fd vDVwcj] 2020 ls ekpZ] 2021 rd ds çR;ds ekl ds fy, fooj.kh mä fu;eks a ds ç:i th,lVhvkj&3[k es a lkekU; iksVZy ds ek/;e ls bysDVª‚fud :i es]a ,ls s ekl ds mÙkjorhZ ekl ds chloas fnol dks ;k mlds iwoZ çLrqr dh tk,xh % ijarq ;g vkSj fd iwoZorhZ foÙkh; o"kZ eas dqy vkorZ ikpa djkMs + :i, rd dk gksus okys djnkrkvks a ds fy,] ftudk dkjckj dk eq[; LFkku jk"Vªh; jkt/kkuh {k=s fnYyh eas gS] vDVwcj] 2020 ls ekpZ] 2021 400 DG/2021 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV] rd ds çR;sd ekl ds fy, fooj.kh mä fu;eks a ds ç:i th,lVhvkj&3[k eas lkekU; ikVs Zy ds ek/;e ls bysDVª‚fud :i es]a ,ls s ekl ds mÙkjorhZ ekl ds pkSchlos a fnol dks ;k mlds iwoZ çLrqr dh tk,xh % 2- ç:i thl,Vhvkj&3[k ds vuqlkj] dj nkf;Ro ls mUekps u ds fy, dj lank; & mä fu;eks a ds ç:i thl,Vhvkj&3[k eas fooj.kh çLrqr djus okyk çR;ds jftLVªh—r O;fä] mä vf/kfu;e dh /kkjk 49 ds mica/kkas ds v/;/khu] dj] C;kt] 'kkfLr] Qhl ;k mä vf/kfu;e ds v/khu fdlh vU; lans; jde dk];FkkfLFkfr] bysDVª‚fud udn [kkrs ;k bysDVª‚fud m/kkj [kkrs eas fodyu }kjk] ftl rkjh[k ij mlls mä fooj.kh nsuk vifs{kr gS] çFke iSjk es a ;Fkk fofufnZ"V vafre rkjh[k ds i'pkr~ ugha] vius nkf;Ro dk mUekps u djxs k A 3- ;g vf/klwpuk 15 vDVwcj-] 2020 ls ykx w gkxs hA larks"k n- oS|] vk;qDr ¼jkT; dj½ DEPARTMENT OF TRADE AND TAXES (GST-POLICY BRANCH) NOTIFICATION Delhi, the 20th January, 2021 No. 76/2020 – State Tax No. F.2(317)/POLICY-GST/2020/ 348-58.— In exercise of the powers conferred by section 168 of the Delhi Goods and Services Tax Act, 2017 (03 of 2017) (hereafter in this notification referred to as the said Act), read with sub-rule (5) of rule 61 of the Delhi Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules), the Commissioner, on the recommendations of the Council, hereby specifies that the return in FORM GSTR-3B of the said rules for each of the months from October,2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twentieth day of the month succeeding such month: Provided that, for taxpayers having an aggregate turnover of up to five crore rupees in the previous financial year, whose principal place of business is in the National Capital Territory of Delhi, the return in FORM GSTR-3B of the said rules for the months of October,2020 to March, 2021 shall be furnished electronically through the common portal, on or before the twenty-fourth day of the month succeeding such month. 2. Payment of taxes for discharge of tax liability as perFORM GSTR-3B. – Every registered person furnishing the return in FORM GSTR-3B of the said rules shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax by debiting the electronic cash ledger or electronic credit ledger, as the case may be and his liability towards interest, penalty, fees or any other amount payable under the said Act by debiting the electronic cash ledger, not later than the last date, as specified in the first paragraph, on which he is required to furnish the said return. 3. This notification shall be deemed to have come into force on the 15th day of October, 2020. SANTOSH D. VAIDYA, Commissioner (State tax) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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