HSN code clarification

Difficulties in mentioning HSN code is clarified in Circular dt 12.4.2021

 https://cbic-gst.gov.in/pdf/Circular_Refund_147.pdf

Tribunal Reforms Ordinance 2021

 

 

The Tribunal Reforms (Rationalisation and Conditions of Service) Bill, 2021

Objectives:

  With a view to streamline tribunals, the Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 is proposed to be enacted to abolish certain tribunals and authorities and to provide a mechanism for filing appeal directly to the commercial court or the High Court, as the case may be.

2. The Government of India began the process of rationalisation of tribunals in 2015. By the Finance Act, 2017, seven tribunals were abolished or merged based on functional similarity and their total number was reduced from 26 to 19. The rationale followed in the first phase was to close down tribunals which were not necessary and merge tribunals with similar functions.

 3. In the second phase, analysis of data of the last three years has shown that tribunals in several sectors have not necessarily led to faster justice delivery and they are also at a considerable expense to the exchequer. The Hon'ble Supreme Court has deprecated the practice of tribunalisation of justice and filing of appeals directly from tribunals to the Supreme Court in many of its judgements, including S.P Sampath Kumar versus Union of India (1987) 1 SCC 124, L. Chandra Kumar versus Union of India (1997) 3 SCC 261, Roger Mathew versus South Indian Bank Limited (2020) 6 SCC 1 and Madras Bar Association versus Union of India and another (2020) SCC Online SC 962. Therefore, further streamlining of tribunals is considered necessary as it would save considerable expense to the exchequer and at the same time, lead to speedy delivery of justice. Accordingly, it is proposed to abolish some more tribunals and transfer the jurisdiction exercised by them to the High Court.

4. The tribunals that are proposed to be abolished in this phase are of the kind which handle cases in which public at large is not a litigant or those which neither take away any significant workload from High Courts which otherwise would have adjudicated such cases nor provide speedy disposal. Many cases do not achieve finality at the level of tribunals and are litigated further till High Courts and Supreme Court, especially those with significant implications. Therefore, these tribunals only add to another additional layer of litigation. Having separate tribunal requires administrative action in terms of filling up of posts and such other matters, and any delay in such action further delays disposal of cases. Reducing the number of tribunals shall not only be beneficial for the public at large, reduce the burden on public exchequer, but also address the issue of shortage of supporting staff of tribunals and infrastructure.

 5. The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021, inter-alia, seeks to give effect to aforesaid proposal and provide for the following, namely:— (i) abolition of tribunals or authorities under various Acts by amending the Cinematograph Act, 1952, the Copyrights Act, 1957, the Customs Act, 1962, the Patents Act, 1970, the Airport Authority of India Act, 1994, the Trade Marks Act, 1999, the Geographical Indications of Goods (Registration and Protection) Act, 1999, the Protection of Plant Varieties and Farmers' Rights Act, 2001, the Control of National Highways (Land and Traffic) Act, 2002 and the Finance Act, 2017; (ii) transfer of all cases pending before such tribunals or authorities to the Commercial Court or the High Court, as the case may be, on the appointed date; (iii) the Chairman and Members of such tribunals shall cease to hold office and they shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service. 

Ordinance dt  4th April, 2021:

Objective Of Ordinance: The Tribunal Reforms (Rationalisation and Conditions of Service) Bill, 2021 has been introduced in the House of the People on the 13th day of February, 2021Bill could not be taken up for consideration and passing in the House of the People and Government expressed that circumstances exist which render it necessary for him to take immediate action;  The ordinance has amended following Acts.

Ø  The Cinematograph Act, 1952

Ø  The Copyright Act, 1957 the Customs Act, 1962

Ø  The Patents Act, 1970

Ø  The Airport Authority Of India Act, 1994

Ø  The Trade Marks Act, 1999

Ø  The Geographical Indications Of Goods (Registration And
Protection) Act, 1999

Ø  The Protection Of Plant Varieties And Farmers’ Rights
Act, 2001

Ø  The Control Of National Highways (Land And Traffic)
Act, 2002

Ø  The Finance Act, 2017.

 

The Cinematograph Act, 1952

 

Under the amendment Appeal against the order by the Board which  could be preferred before  Appellate Tribunal is now to be preferred before the High Court. All consequential amendments have also been made.

 

The Copyright Act, 1957

 

Hitherto Appeal under sections 19A, 23, 31, 31A, 31B, 31C, 31D, 32, 32A and 33A were available before the Appellate Board. These provisions have been amended and now appeal will be directly to the High Court in Commercial Division. Appellate Board has been abolished. Powers available for rectification of Register of Copyrights have been transferred to the High Court.

In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, has a right to share in the resale price of such original copy or manuscript in accordance with the provisions of  section 53A. The power to determine the amount is now taken away from Appellate Board and assigned to Commercial Division of High Court.

Under Section 54 in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise established was  to the satisfaction of the 1 [Appellate Board] by that author or his legal representatives. But the powers have now been assigned to the Commercial Court of High Court.

Section 72 has been substituted to provide for appeal against the order of Registrar of Copyrights shall lie before single judge of High Court and the appeal against order of Single Judge has been provided before the Division Bench.

 

THE CUSTOMS ACT, 1962

The  amendment is given to give effect of providing appeal to High Court against advance ruling Authority under chapter VB instead of  to Appellate Authority

THE PATENTS ACT, 1970

The Appellate Board under the Act has been abolished and the powers are now conferred on the High Court. Now High Court can decide issues relating to rectification of Register of Patents in regard to :

 

(a) by the absence or omission from the register of any entry; or

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(b) by any entry made in the register without sufficient cause; or

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(c) by any entry wrongly remaining on the register; or

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(d) by any error or defect in any entry in the register,

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 Under Section 117A an appeal lied  to the Appellate Board from any decision, order or direction of the Controller of Central Government under section 15, section 16, section 17, section 18, section 19,¹[section 20, sub-section (4) of section 25, section 28], section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 92 and section 94.Now the Appeal shall lie to the High Court.

 

THE AIRPORT AUTHORITY OF INDIA ACT, 1994.

 

Under Section 28E  Where any persons have been evicted from any airport premises under section 28D, the eviction officer may, after giving ten days’ notice to the persons from whom possession of the airport premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or   dispose of by public auction any property remaining on such premises.   Where any property is sold under sub-section (1), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the Central Government or the corporate authority on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the eviction officer to be entitled to the same:

It provided that where the eviction officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he was to  refer such dispute to the Tribunal   established under sub-section (1) of section 28-I; and now by amendment the powers are given to Central Government.

Any person aggrieved by an order of the eviction officer under the Chapter Couldy, within fifteen days from the date of such order, prefer an appeal to the Tribunal in such form as may be prescribe. Now the said powers are given to High Court.

 

THE TRADE MARKS ACT, 1999

By amendment the Powers of Registrar of Trade Marks have been given to Registrar of High Court and powers of Appellate Board have been given to the High Court.Provisions of Appellate Board have been omitted.Earlier Tribunal meant “  the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned were pending.Now instead of Appellate Board words are High Court has been substituted.To sum the jurisdiction of Tribunal wherever referred in the Act meant Registrar or the Appellate Board now shall be read as Registrar or High Court will be substituted owing to abolition of Appellate Board.

 

THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION ANDPROTECTION) ACT, 1999

The provisions for Appellate Board have been omitted.Upon non renewal of Registration ,the continuity of Registration shall be discretion of the Registar or the High Court.

 

THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS
ACT, 2001

The provisions for Plant Varieties Protection Appellate Tribunal have been omitted.Order of Protection of Plant Varieties and Farmers' Rights Authority and Registrar shall now be appealable before High Court.

 

THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002

 

An appeal from any order passed, or any action taken, excluding issuance or serving of notices, under sections 26, 27, 28, 36, 37 and 38 by the Highway Administration or an officer authorised on its behalf, as the case may be, shall lie to the Court. Which shall be the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction;’ ;Provisions of appeal to Tribunal has been omitted.

 

 

 

 

 

 

AMENDMENTS TO THE FINANCE ACT, 2017

Salient Features:

 

In the Finance Act, 2017 has been amended and it has replaced section 184 with new section 184 in order to empower the Central Government may, by notification, make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal and the other conditions of service of the Chairperson and Members of the Tribunal as specified in the Eighth Schedule therein.

Miimum age of a  Chairperson or Member is fixed at 50 years:

  The Chairperson and Members of a Tribunal shall be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee  

The Search-cum-Selection Committee shall consist of—

(a) the Chief Justice of India or a Judge of Supreme Court nominated by him–– Chairperson of the Committee;

(b) two Secretaries nominated by the Government of India –– Members;

(c) one Member, who––

(i) in case of appointment of a Chairperson of a Tribunal, shall be the outgoing Chairperson of the Tribunal; or

(ii) in case of appointment of a Member of a Tribunal, shall be the sitting Chairperson of the Tribunal; or

(iii) in case of the Chairperson of the Tribunal seeking re-appointment, shall be a retired Judge of the Supreme Court or a retired
Chief Justice of a High Court nominated by the Chief Justice of India:

 

 Notwithstanding anything contained in any judgment, order, or decree of any court or any law for the time being in force, ––

(i) the Chairperson of a Tribunal shall hold office for a term of four years or till he attains the age of seventy years, whichever is earlier;

(ii) the Member of a Tribunal shall hold office for a term of four years or till he attains the age of sixtyseven years, whichever is earlier:

 

Consequently all High Courts will be burdened with the appeals from these Acts.

Judgment of Madras Bar Association in Nov 2020 shall be subject to amendment in Finance Act 2017.

 

 

 

HSN Codes

 Taxpayers will have to Compulsurily  Declare HSN/SAC Codes In GST Tax Invoices From 1st April, 2021

E-Invoicing is applicable from 1st October 2020 to  whose aggregate turnover has exceeded Rs.500 crt in any of the years from 2017-18 to 2019-20.

From 1st January 2021, E-Invoicing will be applicable to  taxable persons who TO exceeds the Rs.100 crore   one financial years between 2017-18 to 2019-20, as intimated in Notification No.88/2020 –Central Tax.

On 8th March 2021, it is  notified that e- Invoicing will be applicable from 1st April 2021 for taxable persons whose  turnover is more than Rs.50 crores (in any financial year from FY 2017-18 onwards, a  Notification No. 5/2021 –Central Tax.

HSN Code is optional in respect of supplies made to unregistered persons i.e., B2C supplies for aggregate turnover upto INR 5 crores in the previous financial year.

Penalty of INR 50,000/- (INR 25,000/- each for CGST and SGST) may be levied for non-mentioning or mentioning wrong HSN/ SAC Code 

	Turnover in the preceding Financial Year	Number of Digits of HSN/SAc Code
.	Upto INR 5 crores	4
.	More than INR 5 crores	6
.	Supply of Chemicals	8

S. 26E and S 31 B Securitisation Act and DRT Act no bar to recovery of revenue dues

 Nagpur Bench of Bombay High Court has on 18.02.2021 held that S. 26E and S 31 B Securitisation Act and DRT Act no bar to recovery of revenue dues in Medineutrina Pvt. Ltd. (Company) Through its Director - Dilipkumar Versus District Industries Centre (D.I.C.), Udyog Bhavan, Nagpur & Others

Writ Petition No. 7971 of 2019 Link 

https://indiankanoon.org/doc/101485287/

 

Section 35(5) of the CGST Act, 2017 is omitted as per clause 101 of Finance Bill, 2021 and some other amendments

Audit 

The provision that the taxable person having TO > 5 crores will file Form 9  and    Reconciliation Form 9Cas certified by an auditor has been ommitted and self certification by the taxable person shall be sufficient .In other words any person having turnover exceeding Rs. 5 Crore is mandated to get his accounts audited and file the annual return (i.e. Form GSTR-9) along with reconciliation statement (i.e. Form GSTR-9C) certified by Chartered Accountant or Cost Accountant. The requirement for audit has been omitted and accordingly all the registered person would only be required to file annual return along with self-certified reconciliation statement.

Interest on delayed payments.

The provision of interest has been retrospectively amended from 01.07.2017 to providethat interest is calculated on unpaid net liability after taking ITC.

The person filing appeal is required to pay 10 % of the didputed tax liability . But nowe taxpayer is required to pay 25% of the penalty as pre-deposit in cases where an appeal is filed for cases pertaining to detention or seizure of goods or conveyance.

ZERO RATED SUPPLY

The term zero-rated supply has been amended to now provide that zero rated supply of goods or services or both also means such supplies provided for authorised operations to a Special Economic Zone developer or a Special Economic Zone unit.

The procedure  for claiming refund of zero-rated supplies of goods has been amended. It provides that  refund claimed u/r 89 of the CGST Rules, 2017 will be linked to the time limit prescribed under FEMA Act, 1999. In case of non-realization of export proceeds within time provided the refund granted shall  be deposited with applicable interest.n case of zero rated supply of goods or services or both under LUT or bond without payment of tax, the supplier will be mandated to recover the export proceeds from the foreign customers. In case of any non-recovery of sale proceeds in convertible foreign currency within time limit prescribed under FEMA Act, 1999 the tax payer will be required to deposit the refund with applicable interest within 30 days of the expiry of such time limit. The said provisions strengthen the very foundation²⁰ of Rule 96B of the CGST Rules, 2017 which prescribes the same.

Supply provided by way of goods or services to SEZ would qualify as zero rated supplies provided that the same is being supplied towards authorised operations of SEZ   Accordingly, not all supplies provided to SEZ units would be considered as zero-rated supplies.  

 Therefore any supply provided to SEZ units which do not qualify as authorised operation wouldnaturally be subject to GST.

The facility for refund of ITC by opting the option of exporting goods with payment of integrated tax towards zero-rated supply of goods or services would be restricted only to a notified class of taxpayers and not for  all.

I.

Concept of mututality given go bye:

 

• The Budget 2021 has done away with concept of mutuality by specific provision dealing withe Scope of Supply in Section 7.Sub clause (aa) has been inserted
• Sub-clause (aa) to section 7(1) provides that-
  • Supply includes transfers of any goods or services or both by a person (other than an individual) to its members or constituents.
  • Supply also includes transfers of any goods or services or both by the members/ constituents to the person (other than an individual).
  • The transfer, referred above, is covered as supply when undertaken for cash or deferred payment or any other valuable consideration.
• Explanation to sub-clause (aa) to section 7(1) provides thatr-
  • It shall be deemed that the person and its members/ constituents are two separate persons.
  • Accordingly, the supply of any goods or services or both between the person and its members/ constituents shall be deemed to have been taken as supply from one person to another.
•  With effect from( retrospectively) from 1st July 2017.

   The  paragraph 7 to schedule II [activities to be treated as supply of goods or supply of services].is sought to be deleted to include the services also. This proposals are likely to be passed in parliament.

GST Case law Update – December 2020

GST Case law Update – December 2020: 1. Retaining by-products/scrap by job-worker &ndas.... Click here to view the full Article

Amendments in Rules by Not 94/2020 dt 22.12.2020

 Under Notification No. 94 /2020 –  dt 22.12.2020 Central Tax some amendments have been made in Rules and some of them relevant for day to day work is explained as under.

1.    Time Limit for granting registration on application is extended from 3 days to 7 days[.Rule 9]

2.    Physical Verfication of place of business is provided if found necessary and time limit for granting registration is upto 30days.[.Rule 9]

3.    If GSTR 1 has mismatch between supplier and receiver, the Registratioin can be suspended[ Rule 21A(2A) ] and time limit for explanation from registered person is provided as 30days.No refund can be granted durinh suspension..

4.Where supplier fails to upload out ward supply and ITC to be claimed on that supplies, receiver restricted to 10% of ITC claim and now it amended to be 5%..(Rule 36(4)]

5. Rule 86 B is inserted which is explianed in separate blog.

Restiction of use of ITC Rule 86B

 

By Notification No. 94/2020 dt 22.12.2020, a new Rule 86 B is inserted in the CGST Rules 2017.

In nutshell it provides as under:

The tax liability for any tax period , ordinarily monthly , can be paid through credit ledger (ITC) only to the extent of 99 % of the total tax liability and balance shall be paid in cash even if credit ledger equals or in excess of tax liability for the tax period. So, for example credit register shows credit of Rs 5,00,000.00 and tax liability is Rs 4,50,000.00 then registered person has to pay Rs 4500.00 in cash and balance by credit ledger.

But this rule shall not be applicable to following registered dealers.

i)                  The taxable  turnover for the tax period, for example, excluding exempt and export turnover is less than Rs 50,00,000.00

ii)               The said person or the proprietor or karta or the managing director or any of its two partners, whole-time Directors, Members of Managing Committee of Associations or Board of Trustees, as the case may be, have paid more than one lakh rupees as income tax under the Income-tax Act, 1961(43 of 1961) in each of the last two financial years for which the time limit to file return of income under subsection (1) of section 139 of the said Act has expired; or

iii)                 The registered person has received a refund amount of more than one lakh rupees in the preceding financial year on account of unutilised input tax credit under clause (i) of first proviso of sub-section (3) of section 54; or

iv)                 The registered person has received a refund amount of more than one lakh rupees in the preceding financial year on account of unutilised input tax credit under clause (ii) of first proviso of sub-section (3) of section 54; or

v)                  The registered person has discharged his liability towards output tax through the electronic cash ledger for an amount which is in excess of 1% of the total output tax liability, applied cumulatively, upto the said month in the current financial year; or

vi)                 The registered person is – (i) Government Department; or (ii) a Public Sector Undertaking; or (iii)a local authority;or (iv)a statutory body:

vii)               The Commissioner or an officer authorised by him in this behalf has removed restriction of Rule 86B  restriction after such verifications and such safeguards as he may deem fit.                                            

ITC disallowance to buyer for seller’s default to pay taxes ‘unsustainable’

ITC disallowance to buyer for seller’s default to pay taxes ‘unsustainable’: Input Tax Credit (ITC) restriction in the hands of.... Click here to view the full Article

No service tax payable on trnasfer of development rights by owner of land.

 

https://indiankanoon.org/doc/45451959/

The CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL CHANDIGARH REGIONAL BENCH - COURT NO. 1In Appeal No.        ST/60476/2018[Arising out of OIO-02-2018-ST dated 31.01.2018   passed by the Commissioner of Central Excise and Service Tax-Gurgaon I]in case of DLF Commercial Projects Corporations: Appellant (s)VsCommissioner of Service Tax, Gurugram : Respondent it has been held that transfer of development rights are transfer of benefit arising out of land and therefore not liable to Service Tax.

 

Rectification of error in the Form 3B permissible

 

In Sun Dye Chem Vs The Assistant Commissioner (ST) Madras High Court in Appeal Number : W.P. No.29676 of 2019

 by Order : 06/10/2020 has held that in the absence of machinery provisions the petitioner is permitted to re-submit the annexures to Form GSTR-3B with the correct distribution of credit between IGST, SGST and CGST due to unintentional error in showing ITC on IGST instead of CGST and SGST. 

 

Form GSTR 9 and GSTR 9A last date for filing extended to 31.12.2020

 The Government of India,Ministry of Finance,Department of Revenue,Central Board of Indirect Taxes and Customs,New Delhi by Press Release dt 24th October 2020, on the recommendations of the GST Council, it has  decided to extend the due date for filing Annual Return (FORM GSTR-9/GSTR-9A) and Reconciliation Statement (FORM GSTR-9C) for Financial Year 2018-19 from 31st October 2020 to 31st December, 2020.  Vide Notification No 80/2020 dated 28.10.2020 CBIC extends the due date u/s 44 of CGST Act 2017 for filing of Annual Return (FORM GSTR-9/GSTR-9A) and Reconciliation Statement (FORM GSTR-9C) for Financial Year 2018-19 from 31st October 2020 to 31st December, 2020.

HSN Code to be mentioned on invoices wef 1.4.2021

 By Notification No. 78/2020 – Central Tax Dated: 15th October, 2020 WEF 1.4.2021 registered person whose:

Annual TO is < 5 Cr shall write 4 digist HSN code on invoices

Annual TO is > 5 Cr shall write 6 digist HSN code on invoices

Annual TO is < 5 Cr need not write t HSN code on invoices for supply to unregistered persons.

Audit Requirement for Registered person extended to 5 cr for 2019-20 also.

 By sustituting Proviso to Rule 80(3) now audit report in Form 9 C for 2019-20 only when TO is more than 5 cr.Earlier it was only for 2018-19. Central Goods and Services Tax (Twelveth Amendment) Rules, 2020

Denial of ITC for failure of the Vendor to pay tax to Govt.

 Entitlement  of ITC in case of failure of payment of Tax by the vendor

High Court of Madras in the case of Sri Ranganathar Valves Pvt Ltd Vs Assistant Commissioner (CT) (FAC) 2020-TIOL-1611-HC-MAD-VAT  held that ITC claim  by an assessee cannot be denied   because the dealers from whom the assessee made purchases, did not paid taxes  in treasury by following the landmark judgment in case of Thiruverkadu Assessment Circle, Kolathur, Chennai Vs. Infiniti Wholesale Ltd. [2017] 99 VST 341 (Mad).

This is under VAT regime but should be applied to the GST regime also. If ITC is denied because vendor has not deposited tax in treasury violates fundmental right of free trade across India because the purchaser has no control over the vendor to ensure deposit of tax in treasury.

 

E way and Invoice mismatch

 In the case of  (Abco Trades (P) Ltd. v. Assistant State Tax Officer – 2020 VIL 399 KER), merely when e way bill mentions consignee as unregistered person but accompanied invoice shows GST No. does entitle action under section 129 for detention of vehicle.

Reduction of late fees

 GSTR-10 – Late fee reduced if return furnished between 22-09-2020 till 31-12-2020: The CBIC has reduced the amount of late fees payable under Section 47 of the Central Goods and Services Tax Act, 2017 by registered persons who fail to furnish the return in Form GSTR-10 by the due date but furnishes the said return between 22-09-2020 to 31-12-2020 the late fee payable in such cases would be INR 250. (Notification No. 68/2020-Central Tax, dated 21-09-2020) 

Late fee waiver

 GSTR-10 – Late fee reduced if return furnished between 22-09-2020 till 31-12-2020: The CBIC has reduced the amount of late fees payable under Section 47 of the Central Goods and Services Tax Act, 2017 by registered persons who fail to furnish the return in Form GSTR-10 by the due date but furnishes the said return between 22-09-2020 to 31-12-2020 the late fee payable in such cases would be INR 250. (Notification No. 68/2020-Central Tax, dated 21-09-2020) 

Extension of tme for filing GSR 4

 Reduction of late fee and extension of due date for filing by specified persons: The CBIC has once again extended the last date of filing GSTR-4 by specified persons, as required under Notification No. 21/2019-Central Tax, for the financial year 2019-2020, till 31-10-2020. Notification No. 64/2020-Central Tax, dated 31-08-2020 has been issued for the purpose. Further, the late fees payable by the registered person who had failed to furnish the GSTR-4 for the quarters from July, 2017 to March, 2020 by the due date but furnishes the said return between the period from 22-09-2020 to 31-10-2020, has been limited to INR 500 (250 each under CGST and SGST provisions). It may be noted that the late fee is fully waived if the tax payable in the said return is nil. (Notification No. 67/2020-Central Tax, dated 21-09-2020)