GST Amnesty scheme 2021 was announced in 43rd GST Council Meeting. Notification No. 19/2021- Central Tax dated 1st June 2021 notified this scheme which waives off late fees that was payable by taxpayers. Taxpayers can now file their pending returns without any high penalty and avail the benefits of this GST Amnesty scheme with reduced late fees for periods from July, 2017 to April, 2021.
The Registered persons who failed to furnish the return in FORM GSTR-3B for the months /quarter of July, 2017 to April, 2021, the total amount of late fee under section 47 of the said Act, shall stand waived over Rs 500 under CGST.
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The said amount of Rs 500 rupees will be reduced to Rs 250 per return in case of NIL returns, total five hundred (250 SGST + 250 CGST). The GSTR – 3B should be filed between 01-06-2021 to 31-08-2021 to avail the benefit of reduced rate of GST Return late fees. It means that the pending GSTR 3B returns for the period, July, 2017 to April, 2021 shall be filed on or before 31st August, 2021. The late fee under GST amnesty scheme is summarised as follows-
| Sr. No. | Amount of Tax | Total Fee per Return (CGST+ SGST) |
| 1 | NIL | 500/- (250+250) |
| 2 | Not Nil | 1000/- (500+500) |
No GST Amnesty Scheme for Cancelled GSTIN
However, there is no amnesty announced or clarification issued by the Government in the cases where GSTIN was cancelled and period for filing application for revocation as well as filing appeal to appellate authority is already lapsed.
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No ITC available under GST Amnesty scheme
Registered GST taxpayers are not allowed to avail ITC if GSTR 3B is filed after the due date of furnishing of GSTR 3B for the month of September following the end of financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier. Due to this, eligibility of ITC claimed for the period July 2017 to March 2020 can be challenged where GSTR 3B are filed under this Amnesty Scheme.
GST Amnesty Scheme will not provide authority to the recipient of Goods or Services to avail the ITC on GST paid by supplier under Amnesty scheme for the period July 2017 to March 2020.
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The author of the above article is Aditya Kishore
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