Annual GST Returns FY 2019-20: Bombay High Court Dismisses Plea Seeking Further Extension Of Due Date

The Bench of Justice Ujjal Bhuyan & Justice Milind N. Jadhav was hearing a petition by the Goods and Services Tax Practitioners' Association seeking direction to the respondents to extend the periodicity of filing of annual returns in the State of Maharashtra until complete lock-down is lifted or until the COVID-19 pandemic situation improves completely.

The plea before the Court

Petitioners further sought a direction to the respondents to extend periodicity of limitation of filing of annual returns for the year 2019-20 in the State of Maharashtra under section 44 of the Central Goods and Services Tax Act, 2017 read with Rule 80 of the Central Goods and Services Tax Rules, 2017 up to 30^th June 2021.

[NOTE: As per S. 44 of the Central Goods and Services Tax Act, 2017 read with Rule 80 of the Central Goods and Services Tax Rules, 2017, every registered person is required to file an annual return for every financial year in the electronic form before 31^st day of December following the end of such a financial year.

However, by notification dated 30^th December 2020, the time-limit for furnishing such annual return for the Financial Year 2019-20 was extended till 28^th February 2021.]

It was averred in the plea that the COVID-19 pandemic particularly in the State of Maharashtra is not yet over and that in recent days, there has been an increase in the number of cases of people being infected with COVID-19.

It was also submitted that Lock-down imposed in the State of Maharashtra has not yet been completely withdrawn and that several areas in the State of Maharashtra have seen fresh lock-downs in different forms in the recent past.

Submissions of the Respondents

Additional Solicitor General, Anil Singh submitted before the Court that the Supreme Court in February 2020 had stayed that portion of Rajasthan high court's order which had extended the deadline for submitting returns for 2017-18.

Court's observations

At the outset, the Court said that it was not inclined to accede to the prayer made by the petitioners "at this eleventh hour".

The Court also took into account the fact that the initial due date of 31^st December 2020 was extended to 28^th February 2021.

Further, observing that in light of Section 47(2), non-extension of the time-limit beyond 28^th February 2021 wouldn't lead to any extinguishment of right.

Further, the Court remarked,

"We find from the written instructions dated 25.02.2021 that vide notification No.77 of 2020 - Central Tax dated 15.10.2020 filing of annual return in the prescribed form for businesses with annual turnover upto Rs.2 crores has been made optional for the financial years 2017-18, 2018-19 and 2019- 20; and for businesses with annual turnover upto Rs.5 crores filing of the prescribed form for the financial years 2018-19 and 2019-20 has been waived off vide notification No.79/2000 - Central Tax dated 15.10.2020."

Lastly, the Court also observed,

"We also take note of the fact that it is the professional body of GST practitioners who are before us and not any individual taxable person expressing any difficulty in adhering to the extended timeline of 28^th February 2021."

In the circumstances, Court was not inclined to entertain the writ petition and thus it was accordingly dismissed.

Case title - Goods and Services Tax Practitioners' Association and another … Petitioners Vs. Union of India through its Revenue Secretary and others [Writ Petition (L) No. 5172 OF 2021]

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