INTRODUCTION
The 43rd GST council meeting on 28 May, 2021 which was a continuation of the 42nd GST council meeting, which was held on October 12th, 2020. The meeting was conducted to primarily discuss the one agenda item, namely number 9A.
This meeting was held (ie,video conferencing) under the chairmanship of Finance Minister Smt. Nirmala Sitharaman in the presence of Union Minister of State for Finance & Corporate Affairs, Shri. Anurag Thakur, Finance Ministers of States & UTs and Senior officers from Union Government & States.
KEY HIGHLIGHTS OF THE 43RD GST COUNCIL MEETING
1) MEASURES FOR TRADE FACILITATION
- Amnesty Scheme is introduced to provide relief to Taxpayers
In order to help the small-small taxpayers reduction of late fees was announced on 28th May 2021 for returns pending for period July, 2017 to April, 2021.
| Category | Late Fee/return | Period | Return |
| NIL Return Filing | Maximum Rs. 500/- per month | July, 2017 to April, 2021 | GSTR -3B |
| Other than NIL Return Filing | Maximum of Rs. 1,000/- per month |
*The scheme is valid if the returns are furnished between 01.06.2021 to 31.08.2021.
- Rationalization of late fee imposed under section 47 of the CGST Act
| S.No. | Category | Return | Late Fee/Return |
| 1 | For NIL returns | GSTR 3B/GSTR1 | Maximum of Rs. 500/- |
| 2 | For other than NIL returns
(Annual Aggregate Turnover in preceding year is upto Rs 1.5 crore) |
Maximum of Rs. 2,000/- | |
| 3 | For other than NIL returns
(Annual Aggregate Turnover in preceding year is between Rs 1.5 crore to Rs 5 crore) |
Maximum of Rs. 5,000/- | |
| 4 | For other than NIL returns
(Annual Aggregate Turnover in preceding year above Rs 5 crores) |
Maximum of Rs. 10,000/- | |
| 5 | For NIL returns | FORM GSTR-4 by composition taxpayers | Maximum of Rs. 500/- |
| 6 | For other than NIL returns | FORM GSTR-4 by composition taxpayers | Maximum of Rs. 2,000/- |
| 7 | For TDS returns | FORM GSTR-7 (TDS Return) | Rs.50/- per day (CGST+SGST) and to be capped to a maximum of Rs. 2000 (CGST+SGST) |
2) The GST Council has decided to keep the GST rate of 5% as it is on COVID vaccines. Also, the Council ruled out the possibility of notifying COVID related relief that COVID related materials considered as zero-rated goods.
3) GST exemption has been provided when any COVID relief materials and medicines are imported (even if they are free of cost) till the date 31st August 2021.
And, the medicine for the disease Black fungus is also included in the exemption list.
4) A Group of Ministers to be formed till 29th May 2021 and they submit a report till 8th June 2021 on the need for any further reductions and also they have to take decision for any new rates in exemptions.
5) The due dates for Invoice Furnishing Facility (IFF) and GSTR-1 filing for May 2021 are extended by 15 days.
And also, the due date for GSTR-4 for FY 2020-21 is extended upto 31st July 2021 and for ITC-04 for Jan-Mar 2021 is extended upto 30th June 2021.
6) The late fee waiver and the interest reduction have been announced for GSTR-3B or PMT-06 for March, April and May 2021 filing and for CMP-08 (which is file by taxpayers registered under composition schemes) submission for Jan-Mar 2021 for taxpayers.
7) From now, all the taxpayers can easily apply cumulatively the CGST Rule 36(4) for April, May and June 2021 while filing GSTR-3B of June 2021.
8) Companies can easily continue to file GST returns using Electronic Verification Code (EVC) instead of digital signature (DSC) till the date 31st August 2021.
9) The time limit for completing all compliances and taking actions under the GST law which were due between 15th April 2021 to 29th June 2021, now this time period is extended upto 30th June 2021.
10) The Quarterly Return Quarterly Payment scheme to be introduced which is based on the law committees’ suggestions.
11) The GST Council had discussed the GST Compensation cess at length, and it is decided to adopt the same formula as which is applicable in the last year. The Centre will borrow Rs.1.58 lakhs core to meet the shortfall in GST Cess.
