Returns under the CGST Act

The Central Goods and Services Tax (CGST) Act, 2017, is a key component of the Goods and Services Tax (GST) framework in India. It outlines the procedures, regulations, and compliance requirements for taxpayers. Here is an overview of the relevant sections pertaining to returns under the CGST Act:

 

  Section 37: Furnishing Details of Outward Supplies

-  37(1) : Every registered person (other than an Input Service Distributor, a non-resident taxable person, and a person paying tax under the provisions of section 10 or section 51 or section 52) shall furnish, electronically, the details of outward supplies of goods or services or both effected during a tax period, in such form, manner and within such time as may be prescribed.

-  37(2) : The details of outward supplies furnished by the supplier shall be communicated to the recipient of the said supplies within such time and in such manner as may be prescribed.

-  37(3) : Any rectification of errors or omission in the details of outward supplies furnished under sub-section (1) shall be allowed in such manner and within such time as may be prescribed.

 

  Section 38: Furnishing Details of Inward Supplies

-  38(1) : Every registered person (other than an Input Service Distributor, a non-resident taxable person, and a person paying tax under the provisions of section 10 or section 51 or section 52) shall verify, validate, modify or delete, if required, the details relating to outward supplies and credit or debit notes communicated under sub-section (1) of section 37.

-  38(2) : Any rectification of errors or omission in the details furnished under sub-section (1) shall be allowed in such manner and within such time as may be prescribed.

 

  Section 39: Furnishing of Returns

-  39(1) : Every registered person, other than an Input Service Distributor, a non-resident taxable person, a person paying tax under section 10, section 51 or section 52, or a person notified by the Government, shall furnish, electronically, a return for every tax period, on or before the twentieth day of the month succeeding such tax period, in such form, manner, and within such time as may be prescribed.

-  39(2) : A registered person paying tax under the provisions of section 10 shall furnish a return for each quarter or part thereof, electronically, in such form and manner, and within such time, as may be prescribed.

-  39(3) : Every registered person required to deduct tax at source under section 51 shall furnish a return electronically, for the month in which such deductions have been made, within ten days after the end of such month, in such form and manner as may be prescribed.

-  39(4) : Every taxable person registered as an Input Service Distributor shall, for every calendar month or part thereof, furnish a return, electronically, within thirteen days after the end of such month, in such form and manner as may be prescribed.

-  39(5) : Every registered non-resident taxable person shall furnish a return, electronically, for the month in which he registers, by the twentieth day after the end of a calendar month or within seven days after the last day of the period of registration specified under sub-section (1) of section 27, whichever is earlier.

-  39(6) : The commissioner may, for reasons to be recorded in writing, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein.

-  39(7) : Every registered person who is required to furnish a return under sub-section (1), (2), (3), (4) or (5) shall pay to the Government the tax due as per such return not later than the last date on which he is required to furnish such return.

 

  Section 44: Annual Return

-  44(1) : Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person, and a non-resident taxable person, shall furnish an annual return for every financial year, electronically, in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year.

-  44(2) : Every registered person who is required to get his accounts audited in accordance with the provisions of sub-section (5) of section 35, shall furnish, electronically, the annual return under sub-section (1) along with a copy of the audited annual accounts and a reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year with the audited annual financial statement, and such other particulars as may be prescribed.

 

  Section 45: Final Return

- Every registered person who is required to furnish a return under sub-section (1) of section 39 and whose registration has been cancelled shall furnish a final return within three months of the date of cancellation or date of order of cancellation, whichever is later, in such form and manner as may be prescribed.

 

These sections outline the periodic and annual return filing requirements for different types of taxpayers under the CGST Act. The detailed rules and forms for these returns are specified in the CGST Rules, which provide the procedural aspects of compliance.