Author: admin_gst

Section 48
Goods and services tax practitioners.
GST
RETURNS
Section 48 of Central Goods And Services Tax Act, 2017
Goods and services tax practitioners.
48. (1) The manner of approval of goods and services tax practitioners, their eligibility conditions, duties and obligations, manner of removal and other conditions relevant for their functioning shall be such as may be prescribed.
(2) A registered person may authorise an approved goods and services tax practitioner to furnish

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 47
Levy of late fee.
GST
RETURNS
Section 47 of Central Goods And Services Tax Act, 2017
Levy of late fee.
47. (1) Any registered person who fails to furnish the details of outward 1[****] supplies required under section 37 2[****] or returns required under section 39 or section 45 3[or section 52] by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees.
(2) Any regist

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 115
Interest on refund of amount paid for admission of appeal.
GST
APPEALS AND REVISION
Section 115 of Central Goods And Services Tax Act, 2017
Interest on refund of amount paid for admission of appeal.
115. Where an amount paid by the appellant under sub-section (6) of section 107 or sub-section (8) of section 112 is required to be refunded consequent to any order of the Appellate Authority or of the Appellate Tribunal, interest at the rate specified under section 56 sh

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 46
Notice to return defaulters.
GST
RETURNS
Section 46 of Central Goods And Services Tax Act, 2017
Notice to return defaulters.
46. Where a registered person fails to furnish a

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 114
Financial and administrative powers of President.
GST
APPEALS AND REVISION
Section 114 of Central Goods And Services Tax Act, 2017
1[Financial and Administrative powers of President.
114. The President shall exercise such financial and administrative powers over the Appellate Tribunal as may be prescribed.]
 
 
**************
NOTES:-
1.
Substituted vide Section 151 of the Finance Act, 2023 w.e.f. 01-08-2023 before it was read as,
“Financial and ad

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 45
Final return.
GST
RETURNS
Section 45 of Central Goods And Services Tax Act, 2017
Final return.
45. 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.
–
Statute, statutory provisions legislation, law, enac

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 44
Annual return.
GST
RETURNS
Section 44 of Central Goods And Services Tax Act, 2017
8[Annual return.
44. 9[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 which may include a self-certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within such time and in such form and in such manner as may be prescribed:
Provided that the Commissioner may, on the recommendations of the Council, by notification, exe

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ation, and subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish an annual return for a financial year under sub-section (1), even after the expiry of the said period of three years from the due date of furnishing the said annual return.]
 
 
*************
NOTES:-
1.
Inserted vide Order No. 1/2018-Central Tax dated 11-12-2018
2.
Substituted vide Order No.03/2018-Central Tax dated 31-12-2018 before it was read as, “31st March, 2019”
3. 
Substituted vide Order No. 6/2019-Central Tax dated 28-06-2019 before it was read as, “2[30th June, 2019]”
4.
Inserted vide Section 98 of the Finance (No. 2) Act, 2019 w.e.f. 01-01-2020
5.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ing 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.
4[Provided that the Commissioner may, on the recommendations of the Council and for reasons to be recorded in writing, by notification, extend the time limit for furnishing the annual return for such class of registered persons as may be specified therein:
Provided further that any extension of time limit notified by the Commissioner of State tax or the Commissioner of Union territory tax shall be deemed to be notified by the Commissioner.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 113
Orders of Appellate Tribunal.
GST
APPEALS AND REVISION
Section 113 of Central Goods And Services Tax Act, 2017
Orders of Appellate Tribunal.
113. (1) The Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order appealed against or may refer the case back to the Appellate Authority, or the Revisional Authority or to the original adjudicating authority, with such directions as it may think fit, for a fresh adjudication or decision after taking additional evidence, if necessary.
(2) The Appellate Tribunal may, if sufficient cause is shown, at any stage of hearing of an appeal, gr

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

put tax credit or otherwise increasing the liability of the other party, shall be made under this sub-section, unless the party has been given an opportunity of being heard.
(4) The Appellate Tribunal shall, as far as possible, hear and decide every appeal within a period of one year from the date on which it is filed.
(5) The Appellate Tribunal shall send a copy of every order passed under this section to the Appellate Authority or the Revisional Authority, or the original adjudicating authority, as the case may be, the appellant and the jurisdictional Commissioner or the Commissioner of State tax or the Union territory tax.
(6) Save as provided in section 117 or section 118, orders passed by the Appellate Tribunal on an appeal shall be

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 43
Omitted
GST
RETURNS
Section 43 of Central Goods And Services Tax Act, 2017
43. 1[****]
 
 
**************
NOTES:-
1.
Omitted vide Section 107 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as,
“Matching, reversal and reclaim of reduction in output tax liability.
43. (1) The details of every credit note relating to outward supply furnished by a registered person (hereafter in this section referred to as the “supplier”) for a tax period shall, in such manner and within such time as may be prescribed, be matched
(a) with the corresponding reduction in the claim for input tax credit by the corresponding registered person (hereafter in this secti

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

such manner as may be prescribed.
(4) The duplication of claims for reduction in output tax liability shall be communicated to the supplier in such manner as may be prescribed.
(5) The amount in respect of which any discrepancy is communicated under sub-section (3) and which is not rectified by the recipient in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the supplier, in such manner as may be prescribed, in his return for the month succeeding the month in which the discrepancy is communicated.
(6) The amount in respect of any reduction in output tax liability that is found to be on account of duplication of claims shall be added to the output tax liability of the su

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ax liability is accepted under sub-section (7), the interest paid under sub-section (8) shall be refunded to the supplier by crediting the amount in the corresponding head of his electronic cash ledger in such manner as may be prescribed:
Provided that the amount of interest to be credited in any case shall not exceed the amount of interest paid by the recipient.
(10) The amount reduced from output tax liability in contravention of the provisions of sub-section (7) shall be added to the output tax liability of the supplier in his return for the month in which such contravention takes place and such supplier shall be liable to pay interest on the amount so added at the rate specified in sub-section (3) of section 50.”
 
–
Stat

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 112
Appeals to Appellate Tribunal
GST
APPEALS AND REVISION
Section 112 of Central Goods And Services Tax Act, 2017
Appeals to Appellate Tribunal
112. (1) Any person aggrieved by an order passed against him under section 107 or section 108 of this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act may appeal to the Appellate Tribunal against such order within three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal 2[; or the date, as may be notified by the Government, on the recommendations of the Council, for filing appeal before the Appellate Tribunal under this Act, whichever is later.].
(2) The Appellate Tribunal may, in its discretion, refuse to admit any such appeal where the tax or input tax credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined by such order, does not exceed fi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

authorised officer makes an application to the Appellate Tribunal, such application shall be dealt with by the Appellate Tribunal as if it were an appeal made against the order under sub-section (11) of section 107 or under sub-section (1) of section 108 and the provisions of this Act shall apply to such application, as they apply in relation to appeals filed under sub-section (1).
(5) On receipt of notice that an appeal has been preferred under this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such order or any part thereof, file, within forty-five days of the receipt of notice, a memorandum of cross-objections, verified in the prescribed manner, against any part of the order appealed against and such memorandum shall be disposed of by the Appellate Tribunal, as if it were an appeal presented within the time specified in sub-section (1).
(6) The Appellate Tribunal may admit an appeal within three months afte

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

rore rupees]], in relation to which the appeal has been filed.
7[Provided that in case of any order demanding penalty without involving demand of any tax, no appeal shall be filed against such order unless a sum equal to ten per cent. of the said penalty, in addition to the amount payable under the proviso to sub-section (6) of section 107 has been paid by the appellant.]
(9) Where the appellant has paid the amount as per sub-section (8), the recovery proceedings for the balance amount shall be deemed to be stayed till the disposal of the appeal.
(10) Every application made before the Appellate Tribunal,-
(a) in an appeal for rectification of error or for any other purpose; or
(b) for restoration of an appeal or an application,
shall be accompanied by such fees as may be prescribed.
 
 
***************
NOTES:-
1.
Inserted vide Section 26 of the Central Goods and Services Tax (Amendment) Act, 2018 w.e.f. 01-02-2019
2. 
Inserted vide Sect

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 42
Omitted
GST
RETURNS
Section 42 of Central Goods And Services Tax Act, 2017
42. 1[****]
 
 
**************
NOTES:-
1.
Omitted vide Section 107 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as,
“Matching, reversal and reclaim of input tax credit.
42. (1) The details of every inward supply furnished by a registered person (hereafter in this section referred to as the “recipient”) for a tax period shall, in such manner and within such time as may be prescribed, be matched
(a) with the corresponding details of outward supply furnished by the corresponding registered person (hereafter in this section referred to as the “supplier”) in his valid return for the same ta

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

n inward supply is in excess of the tax declared by the supplier for the same supply or the outward supply is not declared by the supplier in his valid returns, the discrepancy shall be communicated to both such persons in such manner as may be prescribed.
(4) The duplication of claims of input tax credit shall be communicated to the recipient in such manner as may be prescribed.
(5) The amount in respect of which any discrepancy is communicated under sub-section (3) and which is not rectified by the supplier in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the recipient, in such manner as may be prescribed, in his return for the month succeeding the month in which the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

mount so added from the date of availing of credit till the corresponding additions are made under the said sub-sections.
(9) Where any reduction in output tax liability is accepted under sub-section (7), the interest paid under sub-section (8) shall be refunded to the recipient by crediting the amount in the corresponding head of his electronic cash ledger in such manner as may be prescribed:
Provided that the amount of interest to be credited in any case shall not exceed the amount of interest paid by the supplier.
(10) The amount reduced from the output tax liability in contravention of the provisions of sub-section (7) shall be added to the output tax liability of the recipient in his return for the month in which such contraventi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 111
Procedure before Appellate Tribunal.
GST
APPEALS AND REVISION
Section 111 of Central Goods And Services Tax Act, 2017
Procedure before Appellate Tribunal.
111. (1) The Appellate Tribunal shall not, while disposing of any proceedings before it or an appeal before it, be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and subject to the other provisions of this Act and the rules made thereunder, the Appellate Tribunal shall have power to regulate its own procedure.
(2) The Appellate Tribunal shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

(h) any other matter which may be prescribed.
(3) Any order made by the Appellate Tribunal may be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Appellate Tribunal to send for execution of its orders to the court within the local limits of whose jurisdiction,-
(a) in the case of an order against a company, the registered office of the company is situated; or
(b) in the case of an order against any other person, the person concerned voluntarily resides or carries on business or personally works for gain.
(4) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the pu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 41
Availment of input tax credit
GST
RETURNS
Section 41 of Central Goods And Services Tax Act, 2017
1[Availment of input tax credit
41. (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed, be entitled to avail the credit of eligible input tax, as self-assessed, in his return and such amount shall be credited to his electronic credit ledger.
(2) The credit of input tax availed by a registered person under sub-section (1) in respect of such supplies of goods or services or both, the tax payable whereon has not been paid by the supplier, shall be reversed along with applicable interest, by the said person in such manner as may be prescribed:
Provided that where the said

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 110
President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.
GST
APPEALS AND REVISION
Section 110 of Central Goods And Services Tax Act, 2017
1[President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.
110. (1) A person shall not be qualified for appointment as-
(a) the President, unless he has been a Judge of the Supreme Court or is or has been the Chief Justice of a High Court;
(b) a Judicial Member, unless he-
(i) has been a Judge of the High Court; or
(ii) has, for a combined period of ten years, been a District Judge or an Additional District Judge;
2[(iii) has been an advocate for ten years with substantial experience in litigation in matters relating to indirect taxes in the Appellate Tribunal, Customs, Excise and Service Tax Appellate Tribunal, State Value Added Tax Tribunal, by whatever name called, High Court or Supreme Court;]
3[Provided th

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the administration of an existing law or the goods and services tax or in the field of finance and taxation in the State Government:
Provided that the State Government may, on the recommendations of the Council, by notification, relax the requirement of completion of twenty-five years of service in Group A, or equivalent, in respect of officers of such State where no person has completed twenty-five years of service in Group A, or equivalent, but has completed twenty-five years of service in the Government, subject to such conditions, and till such period, as may be specified in the notification.
(2) The President, Judicial Member, Technical Member (Centre) and Technical Member (State) shall be appointed or re-appointed by the Government on the recommendations of a Search-cum-Selection Committee constituted under sub-section (4):
Provided that in the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or otherwise, the Judicial

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ction the State Bench is located, to be the Chairperson of the Committee;
(ii) the senior-most Judicial Member in the State, and where no Judicial Member is available, a retired Judge of the High Court in whose jurisdiction the State Bench is located, as may be nominated by the Chief Justice of such High Court;
(iii) Chief Secretary of the State in which the State Bench is located;
(iv) one Additional Chief Secretary or Principal Secretary or Secretary of the State in which the State Bench is located, as may be nominated by such State Government, not in-charge of the Department responsible for administration of State tax; and
(v) Additional Chief Secretary or Principal Secretary or Secretary of the Department responsible for administration of State tax, of the State in which the State Bench is located – Member Secretary; and
    (b) the Search-cum-Selection Committee for all other cases shall consist of the following members, namely:-
(i) the Chief Justice of India

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ave a vote.
(6) Notwithstanding anything contained in any judgment, order, or decree of any court or any law for the time being in force, the Committee shall recommend a panel of two names for appointment or re-appointment to the post of the President or a Member, as the case may be.
(7) No appointment or re-appointment of the Members of the Appellate Tribunal shall be invalid merely by reason of any vacancy or defect in the constitution of the Search-cum-Selection Committee.
(8) Notwithstanding anything contained in any judgment, order, or decree of any court or any law for the time being in force, the salary of the President and the Members of the Appellate Tribunal shall be such as may be prescribed and their allowances and other terms and conditions of service shall be the same as applicable to Central Government officers carrying the same pay:
Provided that neither the salary and allowances nor other terms and conditions of service of the President of Members of the Appellate

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Technical Member (State) of the Appellate Tribunal shall hold office for a term of four years from the date on which he enters upon his office, or until he attains the age of 5[sixty-seven years, whichever is earlier and shall be eligible for re-appointment for a period not exceeding two years subject to the age-limit specified above.]
(11) The President or any Member may, by notice in writing under his hand addressed to the Government, resign from his office:
Provided that the President or Member shall continue to hold office until the expiry of three months from the date of receipt of such notice by the Government or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(12) The Government may, on the recommendations of the Search-cum-Selection Committee, remove from the office President or a Member, who-
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which involv

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

plead before the Principal Bench or the State Bench in which he was the President or, as the case may be, a Member.]
 
 
**************
NOTES:-
1.
Substituted vide Section 150 of the Finance Act, 2023 w.e.f. 01-08-2023 before it was read as,
“President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.
110. (1) A person shall not be qualified for appointment as-
(a) the President, unless he has been a Judge of the Supreme Court or is or has been the Chief Justice of a High Court, or is or has been a Judge of a High Court for a period not less than five years;
(b) a Judicial Member, unless he-
(i) has been a Judge of the High Court; or
(ii) is or has been a District Judge qualified to be appointed as a Judge of a High Court; or
(iii) is or has been a Member of Indian Legal Service and has held a post not less than Additional Secretary for three years;
(c) a Technical Member (Centre) unless he is or has b

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

he President until the date on which a new President, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office:
Provided further that where the President is unable to discharge his functions owing to absence, illness or any other cause, the senior most Member of the National Bench shall discharge the functions of the President until the date on which the President resumes his duties.
(3) The Technical Member (Centre) and Technical Member (State) of the National Bench and Regional Benches shall be appointed by the Government on the recommendations of a Selection Committee consisting of such persons and in such manner as may be prescribed.
(4) The Judicial Member of the State Bench or Area Benches shall be appointed by the State Government after consultation with the Chief Justice of the High Court of the State or his nominee.
(5) The Technical Member (Centre) of the State Bench or Area Benches shall be appointed by the Central Governme

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

aried to their disadvantage after their appointment.
(9) The President of the Appellate Tribunal shall hold office for a term of three years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier and shall be eligible for reappointment.
(10) The Judicial Member of the Appellate Tribunal and the State President shall hold office for a term of three years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier and shall be eligible for reappointment.
(11) The Technical Member (Centre) or Technical Member (State) of the Appellate Tribunal shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier and shall be eligible for reappointment.
(12) The President, State President or any Member may, by notice in writing under his hand addressed to the Central Gove

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

nt; or
(b) has been convicted of an offence which, in the opinion of such Government involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such President, State President or Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such President, State President or Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest:
Provided that the President, State President or the Member shall not be removed on any of the grounds specified in clauses (d) and (e), unless he has been informed of the charges against him and has been given an opportunity of being heard.
(14) Without prejudice to the provisions of sub-section (13),
(a) the President or a Judicial and Technical Member of the National Bench or Regional Benches, Technical Member (Centre) of the State Bench or Area Benches shall not be removed from their office except by

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

nches or the Technical Member (Centre) of the State Bench or Area Benches in respect of whom a reference has been made to the Judge of the Supreme Court under sub-section (14).
(16) The State Government, with the concurrence of the Chief Justice of the High Court, may suspend from office, a Judicial Member or Technical Member (State) of the State Bench or Area Benches in respect of whom a reference has been made to the Judge of the High Court under sub-section (14).
(17) Subject to the provisions of article 220 of the Constitution, the President, State President or other Members, on ceasing to hold their office, shall not be eligible to appear, act or plead before the National Bench and the Regional Benches or the State Bench and the Area Benches thereof where he was the President or, as the case may be, a Member.”
2.
Inserted vide Section 2 of the Central Goods and Services Tax (Second Amendment) Act, 2023
3.
Inserted vide Section 2 of the Central Goods and Services

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

First return.
Section 40
GST
RETURNS
Central Goods And Services Tax Act, 2017
First return.
40. Every registered person who has made outward supplies in the period between the date on

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 39
Furnishing of returns.
GST
RETURNS
Section 39 of Central Goods And Services Tax Act, 2017
Furnishing of returns.
39. 7[(1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52 shall, for every calendar month or part thereof, furnish, a return, electronically, of inward and outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such other particulars, in such form and manner, 16[within such time, and subject to such conditions and restrictions], as may be prescribed:
Provided that the Government may, on the recommendations of the Council, notify certain class of registered persons who shall furnish a return for every quarter or part thereof, subject to such conditions and restrictions as may be specified therein.
(2) A registered person payin

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

end of such month.
(5) Every registered non-resident taxable person shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within 9[thirteen] days 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.
(6) The Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein:
Provided that any extension of time limit notified by the Commissioner of State tax or Union territory tax shall be deemed to be notified by the Commissioner.
8[(7) Every registered person who is required to furnish a return under sub-section (1), other than the person referred to in the proviso thereto, or sub-section (3) or sub-section (5), shall pay to the Gov

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

and within such time, as may be prescribed.]
(8) Every registered person who is required to furnish a return under sub-section (1) or sub-section (2) shall furnish a return for every tax period whether or not any supplies of goods or services or both have been made during such tax period.
(9) 11[Where] any registered person after furnishing a return under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars [5] in the return to be furnished for the month or quarter during which such omission or incorrect particulars are noticed, subject to payment of interest under this Act:
Provided that no such rectification of any omission or incorrect particulars shall be allowed after 12[the thirtieth day of Novemb

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ee years from the due date of furnishing the said return:
Provided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the return for a tax period, even after the expiry of the said period of three years from the due date of furnishing the said return.]
 
 
*************
NOTES:-
1.
Substituted vide Section 17 of the Central Goods and Services Tax (Amendment) Act, 2018 [Never notified, later sub-section 1 substituted as such, see below note 7] before it was read as,
“in such form and manner as may be prescribed”
2.
Substituted vide Section 17 of the Central Goods and Services Tax (Amendment) Act, 2018 [Never notified, later sub-section 1 substituted as such, see below note 7] before it was read as,
“on or before the twentieth day of the mont

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

sp;in the proviso, for the words “the end of the financial year”, the words “the end of the financial year to which such details pertain” shall be substituted.”
7.
Substituted vide Section 97 of the Finance (No. 2) ACT, 2019 w.e.f. 10-11-2020 before it was read as, 
“(1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or, section 51 or section 52 shall, for every calendar month or part thereof, furnish, 1[in such form, manner and within such time as may be prescribed], a return, electronically, of inward and outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such other particulars as may be prescribed, 2[****].
3[Provided that the Government may, on the recommendations of the Council, notify certain classes of registered persons who shall furnish return for every quarter or part the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

pay to the Government the tax due or part thereof as per the return on or before the last date on which he is required to furnish such return, subject to such conditions and safeguards as may be specified therein.]”
9.
Substituted vide Section 105 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as, “twenty”
10.
Substituted vide Section 105 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as,
“Provided that every registered person furnishing return under the proviso to sub-section (1) shall pay to the Government, the tax due taking into account inward and outward supplies of goods or services or both, input tax credit availed, tax payable and such other particulars during a month, in such form and manner, and within such time, as may be prescribed:”
11.
Substituted vide Section 105 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as,
“Subject t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 109
Constitution of Appellate Tribunal and Benches thereof.
GST
APPEALS AND REVISION
Section 109 of Central Goods And Services Tax Act, 2017
7[Constitution of Appellate Tribunal and Benches thereof.
109. (1) The Government shall, on the recommendations of the Council, by notification, establish with effect from such date as may be specified therein, an Appellate Tribunal known as the Goods and Services Tax Appellate Tribunal for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority 8[, or for conducting an examination or adjudicating the cases referred to in sub-section (2) of section 171, if so notified under the said section].
(2) The jurisdiction, powers and authority conferred on the Appellate Tribunal shall be exercised by the Principal Bench and the State Benches constituted under sub-section (3) and sub-section (4).
(3) The Government shall, by notification, constitute a Principal Bench of the Appellate Tribu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

be heard only by the Principal Bench.]
(6) 10[Subject to the provisions of sub-section (5), the President] shall, from time to time, by a general or special order, distribute the business of the Appellate Tribunal among the Benches and may transfer cases from one Bench to another.
(7) The senior-most Judicial Member within the State Benches, as may be notified, shall act as the Vice-President for such State Benches and shall exercise such powers of the President as may be prescribed, but for all other purposes be considered as a Member.
(8) Appeals, where the tax or input tax credit involved or the amount of fine, fee or penalty determined in any order appealed against, does not exceed fifty lakh rupees and which does not involve any question of law may, with the approval of the President, and subject to such conditions as may be prescribed on the recommendations of the Council, be heard by a single Member, and in all other cases, shall be heard together by one Judicial Member and o

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

of a State Bench may be transferred to a State Bench only of the same State in which he was originally appointed, in consultation with the State Government.
(11) No act or proceedings of the Appellate Tribunal shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Appellate Tribunal.]
 
 
**************
NOTES:-
1.  
Inserted vide Central Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017 w.e.f. 08-07-2017
2.
Inserted vide Central Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017 w.e.f. 08-07-2017
3. 
Substituted vide Central Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017 w.e.f. 08-07-2017 before it was read as, “Provided that”
4. 
Substituted vide Central Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017 w.e.f. 08-07-2017 before it was read as, “Provided further that”
5.
Omitted vide Section 125 of th

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the Appellate Tribunal shall be exercisable by the National Bench and Benches thereof (hereinafter in this Chapter referred to as “Regional Benches”), State Bench and Benches thereof (hereafter in this Chapter referred to as “Area Benches”).
(3) The National Bench of the Appellate Tribunal shall be situated at New Delhi which shall be presided over by the President and shall consist of one Technical Member (Centre) and one Technical Member (State).
(4) The Government shall, on the recommendations of the Council, by notification, constitute such number of Regional Benches as may be required and such Regional Benches shall consist of a Judicial Member, one Technical Member (Centre) and one Technical Member (State).
(5) The National Bench or Regional Benches of the Appellate Tribunal shall have jurisdiction to hear appeals against the orders passed by the Appellate Authority or the Revisional Authority in the cases where one of the issues involved relates to the place of supply.
(

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

olving matters other than those referred to in sub-section (5).
(8) The President and the State President shall, by general or special order, distribute the business or transfer cases among Regional Benches or, as the case may be, Area Benches in a State.
(9) Each State Bench and Area Benches of the Appellate Tribunal shall consist of a Judicial Member, one Technical Member (Centre) and one Technical Member (State) and the State Government may designate the senior most Judicial Member in a State as the State President.
(10) In the absence of a Member in any Bench due to vacancy or otherwise, any appeal may, with the approval of the President or, as the case may be, the State President, be heard by a Bench of two Members:
Provided that any appeal where the tax or input tax credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined in any order appealed against, does not exceed five lakh rupees and which does not involve

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e, transfer-
(a) any Judicial Member or a Member Technical (State) from one Bench to another Bench, whether National or Regional; or
(b) any Member Technical (Centre) from one Bench to another Bench, whether National, Regional, State or Area.
(13) The State Government, in consultation with the State President may, for the administrative convenience, transfer a Judicial Member or a Member Technical (State) from one Bench to another Bench within the State.
(14) No act or proceedings of the Appellate Tribunal shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Appellate Tribunal.”
8. 
Inserted vide Section 142 of the Finance (No. 2) Act, 2024 w.e.f. 27-09-2024
9. 
Inserted vide Section 142 of the Finance (No. 2) Act, 2024 w.e.f. 27-09-2024
10.
Substituted vide Section 142 of the Finance (No. 2) Act, 2024 w.e.f. 27-09-2024 be

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 38
Communication of details of inward supplies and input tax credit
GST
RETURNS
Section 38 of Central Goods And Services Tax Act, 2017
1[Communication of details of inward supplies and input tax credit.
38. (1) The details of outward supplies furnished by the registered persons under sub-section (1) of section 37 and of such other supplies as may be prescribed, and 2[a statement] containing the details of input tax credit shall be made available electronically to the recipients of such supplies in such form and manner, within such time, and subject to such conditions and restrictions as may be prescribed.
(2) The 3[statement referred in] sub-section (1) shall consist of
(a) details of inward supplies in respect of which credit of input tax may be available to the recipient; 4[****]
(b) details of supplies in respect of which such credit cannot be availed, whether wholly or partly, by the recipient, 5[including] on account of the details of the said supplies

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ct to such conditions and restrictions as may be prescribed; or
(vi) by such other class of persons as may be prescribed.]
6[(c) such other details as may be prescribed.]
 
 
**************
NOTES:-
1.
Substituted vide Section 104 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as,
“Furnishing details of inward supplies.
38. (1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or 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 to prepare the details of his inward supplies and credit or debit notes and may include therein, the details of inward supplies and credit or debit notes received by him in respect of such supplies that have not been declared by the supplier under sub-section

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

furnishing such details for such class of taxable persons as may be specified therein:
Provided further that any extension of time limit notified by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be notified by the Commissioner.
(3) The details of supplies modified, deleted or included by the recipient and furnished under sub-section (2) shall be communicated to the supplier concerned in such manner and within such time as may be prescribed.
(4) The details of supplies modified, deleted or included by the recipient in the return furnished under sub-section (2) or sub-section (4) of section 39 shall be communicated to the supplier concerned in such manner and within such time as may be prescribed.
(5) Any registered person, who has furnished the details under sub-section (2) for any tax period and which have remained unmatched under section 42 or section 43, shall, upon discovery of any error or omission therein, rectify such error or omi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 37
Furnishing details of outward supplies.
GST
RETURNS
Section 37 of Central Goods And Services Tax Act, 2017
CHAPTER IX
RETURNS
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, 2[subject to such conditions and restrictions and] in such form and manner as may be prescribed, the details of outward supplies of goods or services or both effected during a tax period on or before the tenth day of the month succeeding the said tax period and such details 3[shall, subject to such conditions and restrictions, within such time and in such manner as may be prescribed, be communicated to the recipient of the said supplies]:
4[****]
5[Provided that] the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnish

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ovided further that the rectification of error or omission in respect of the details furnished under sub-section (1) shall be allowed after furnishing of the return under section 39 for the month of September, 2018 till the due date for furnishing the details under sub-section (1) for the month of March, 2019 or for the quarter January, 2019 to March, 2019.]
10[(4) A registered person shall not be allowed to furnish the details of outward supplies under sub-section (1) for a tax period, if the details of outward supplies for any of the previous tax periods has not been furnished by him:
Provided that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish the details of outward supplies under sub-section (1), even if he has not furnished the details of outward supplies for one or more previous tax periods.]
Explanation.- F

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

3 of the Finance Act, 2022 w.e.f. 01-10-2022
3. 
Substituted vide Section 103 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as,
“shall be communicated to the recipient of the said supplies within such time and in such manner as may be prescribed”
4. 
Omitted vide Section 103 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as,
“Provided that the registered person shall not be allowed to furnish the details of outward supplies during the period from the eleventh day to the fifteenth day of the month succeeding the tax period:”
5. 
Substituted vide Section 103 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as, “Provided further that”
6.
Substituted vide Section 103 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as, “Provided also that”
7. 
Omitted vide Section 103 of the Finance Act, 2022 w.e.f. 01-10-2

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 108
Powers of Revisional Authority.
GST
APPEALS AND REVISION
Section 108 of Central Goods And Services Tax Act, 2017
Powers of Revisional Authority.
108. (1) Subject to the provisions of section 121 and any rules made thereunder, the Revisional Authority may, on his own motion, or upon information received by him or on request from the Commissioner of State tax, or the Commissioner of Union territory tax, call for and examine the record of any proceedings, and if he considers that any decision or order passed under this Act or under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act by any officer subordinate to him is erroneous in so far as it is prejudicial to the interest of re

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

or section 117 or section 118; or
(b) the period specified under sub-section (2) of section 107 has not yet expired or more than three years have expired after the passing of the decision or order sought to be revised; or
(c) the order has already been taken for revision under this section at an earlier stage; or
(d) the order has been passed in exercise of the powers under sub-section (1):
Provided that the Revisional Authority may pass an order under sub-section (1) on any point which has not been raised and decided in an appeal referred to in clause (a) of sub-section (2), before the expiry of a period of one year from the date of the order in such appeal or before the expiry of a period of three years referred to in clause (b) of t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

riod of limitation referred to in clause (b) of sub-section (2) where proceedings for revision have been initiated by way of issue of a notice under this section.
(5) Where the issuance of an order under sub-section (1) is stayed by the order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2).
(6) For the purposes of this section, the term,
(i) “record” shall include all records relating to any proceedings under this Act available at the time of examination by the Revisional Authority;
(ii) “decision” shall include intimation given by any officer lower in rank than the Revisional Authority.
–
Statute, statutory provisions leg

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 36
Period of retention of accounts.
GST
ACCOUNTS AND RECORDS
Section 36 of Central Goods And Services Tax Act, 2017
Period of retention of accounts.
36. Every registered person required to keep and maintain books of account or other records in accordance with the provisions of sub-section (1) of section 35 shall retain them until the expiry of seventy-two months from the due date of furnishing of annual return for the year pertaining to such accounts and records:
Provid

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 107
Appeals to Appellate Authority.
GST
APPEALS AND REVISION
Section 107 of Central Goods And Services Tax Act, 2017
CHAPTER XVIII
APPEALS AND REVISION
Appeals to Appellate Authority.
107. (1) Any person aggrieved by any decision or order passed under this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act by an adjudicating authority may appeal to such Appellate Authority as may be prescribed within three months from the date on which the said decision or order is communicated to such person.
(2) The Commissioner may, on his own motion, or upon request from the Commissioner of State tax or the Commissioner of Union territory tax, call for and examine the record of any proceedings in which an adjudicating authority has passed any decision or order under this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, for the purpose of satisfying himself as to the legality or propr

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

further period of one month.
(5) Every appeal under this section shall be in such form and shall be verified in such manner as may be prescribed.
(6) No appeal shall be filed under sub-section (1), unless the appellant has paid-
(a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and
(b) a sum equal to ten per cent. of the remaining amount of tax in dispute arising from the said order, 1[subject to a maximum of 3[twenty] crore rupees], in relation to which the appeal has been filed.
5[Provided that in case of any order demanding penalty without involving demand of any tax, no appeal shall be filed against such order unless a sum equal to ten per cent. of the said penalty has been paid by the appellant.]
(7) Where the appellant has paid the amount under sub-section (6), the recovery proceedings for the balance amount shall be deemed to be stayed.
(8) The Appellate Authority shall give an

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

any fee or penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund or input tax credit shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order:
Provided further that where the Appellate Authority is of the opinion that any tax has not been paid or short-paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised, no order requiring the appellant to pay such tax or input tax credit shall be passed unless the appellant is given notice to show cause against the proposed order and the order is passed within the time limit specified under section 73 or section 74 4[or section 74A].
(12) The order of the Appellate Authority disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for such decision.
(13) The Appellate Authority shall, where it is possible to do so,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 35
Accounts and other records.
GST
ACCOUNTS AND RECORDS
Section 35 of Central Goods And Services Tax Act, 2017
CHAPTER VIII
ACCOUNTS AND RECORDS
Accounts and other records.
35. (1) Every registered person shall keep and maintain, at his principal place of business, as mentioned in the certificate of registration, a true and correct account of-
(a) production or manufacture of goods;
(b) inward and outward supply of goods or services or both;
(c) stock of goods;
(d) input tax credit availed;
(e) output tax payable and paid; and
(f) such other particulars as may be prescribed:
Provided that where more than one place of business is specified in the certificate of registration, the accounts relating to eac

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

s not in a position to keep and maintain accounts in accordance with the provisions of this section, he may, for reasons to be recorded in writing, permit such class of taxable persons to maintain accounts in such manner as may be prescribed.
(5) 2[****]
(6) Subject to the provisions of clause (h) of sub-section (5) of section 17, where the registered person fails to account for the goods or services or both in accordance with the provisions of sub-section (1), the proper officer shall determine the amount of tax payable on the goods or services or both that are not accounted for, as if such goods or services or both had been supplied by such person and the provisions of section 73 or section 74 3[or section 74A], as the case may be,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 34
Credit and debit notes.
GST
TAX INVOICE, CREDIT AND DEBIT NOTES
Section 34 of Central Goods And Services Tax Act, 2017
Credit and debit notes.
34. (1) 1[Where one or more tax invoices have] been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the recipient, or where goods or services or both supplied are found to be deficient, the registered person, who has supplied such goods or services or both, may issue to the recipient 2[one or more credit notes for supplies made in a financial year] containing such particulars as may be prescri

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ecipient is a registered person; or
(ii) incidence of tax on such supply has been passed on to any other person, in other cases.]
(3) 3[Where one or more tax invoices have] been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to be less than the taxable value or tax payable in respect of such supply, the registered person, who has supplied such goods or services or both, shall issue to the recipient 4[one or more debit notes for supplies made in a financial year] containing such particulars as may be prescribed.
(4) Any registered person who issues a debit note in relation to a supply of goods or services or both shall declare the details of such debit note in the retu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

it was read as, “Where a tax invoice has”
4.
Substituted vide Section 15 of the Central Goods and Services Tax (Amendment) Act, 2018 w.e.f. 01-02-2019 before it was read as, “a debit note”
5.
Substituted vide Section 102 of the Finance Act, 2022 w.e.f. 01-10-2022 before it was read as, “September”
6.
Substituted vide Section 126 of the Finance Act, 2025 w.e.f. 01-10-2025 before it was read as, 
“Provided that no reduction in output tax liability of the supplier shall be permitted, if the incidence of tax and interest on such supply has been passed on to any other person.”
 
–
Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxation

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Amount of tax to be indicated in tax invoice and other documents.
Section 33
GST
TAX INVOICE, CREDIT AND DEBIT NOTES
Central Goods And Services Tax Act, 2017
Amount of tax to be indicated in tax invoice and other documents.
33. Notwithstanding anything contained in this Act or any other law for the time being in force, where any supply is made for a consideration, every person who is liable to pay tax for such supply shall prominently indicate in all documents relating to assess

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =