37. Furnishing details of outward supplies.—(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,
3
[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
1. Sub-section (5) omitted by Act 13 of 2021, s. 110 (w.e.f. 1-8-2021) Vide S.O. 3065(E), dated 30-7-2021.
2. Ins. by Act 31 of 2018, s. 16 (w.e.f. 1-2-2019).
3. Ins. by Act 6 of 2022, s. 103 (w.e.f. 1-10-2022).
43
said tax period and such details 1
[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:]
2* * * *
3
[Provided that] the Commissioner may, for reasons to be recorded in writing, by notification, extend
the time limit for furnishing such details for such class of taxable persons as may be specified therein:
4
[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.
5* * * *
(3) Any registered person, who has furnished the details under sub-section (1) for any tax period 6***,
shall, upon discovery of any error or omission therein, rectify such error or omission in such manner as
may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on
account of such error or omission, in the return to be furnished for such tax period:
Provided that no rectification of error or omission in respect of the details furnished under
sub-section (1) shall be allowed after 7
[the thirtieth day of November] following the end of the financial
year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier.
8
[Provided 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.]
Explanation.––For the purposes of this Chapter, the expression “details of outward supplies” shall
include details of invoices, debit notes, credit notes and revised invoices issued in relation to outward
supplies made during any tax period.
9
[(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.]
10[(5) A registered person shall not be allowed to furnish the details of outward supplies under
sub-section (1) for a tax period after the expiry of a period of three years from the due date of furnishing
the said details:
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 for a tax period under sub-section (1), even
after the expiry of the said period of three years from the due date of furnishing the said details.]
1. Subs. by Act 6 of 2022, s. 103, for “shall be communicated to the recipient of the said supplies within such time and in such
manner as may be prescribed” (w.e.f. 1-10-2022).
2. Proviso omitted by s. 103, ibid (w.e.f. 1-10-2022).
3. Subs. by s. 103, ibid., for “Provided further that” (w.e.f. 1-10-2022).
4. Subs. by s. 103, ibid., “Provided also that” (w.e.f. 1-10-2022).
5. Sub-section (2) omitted by s. 103, ibid. (w.e.f. 1-10-2022).
6. The words and figures “and which have remained unmatched under section 42 or section 43” omitted by s. 103, ibid.
(w.e.f. 1-10-2022).
7. Subs. by Act 6 of 2022, s. 103, for “furnishing of the return under section 39 for the month of September” (w.e.f. 1-10-2022).
8. Ins. by vide Order No. 02/2018-Central Tax dated 31-12-2018.
9. Ins. by Act 6 of 2022, s. 103 (w.e.f. 1-10-2022).
10. Ins. by Act 8 of 2023, s. 142 (w.e.f. 1-10-2023).
44
1
[38. Communication of details of inward supplies input tax credit.—(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 an auto-generated 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 auto-generated statement under 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; and
(b) details of supplies in respect of which such credit cannot be availed, whether wholly or partly,
by the recipient, on account of the details of the said supplies being furnished under sub-section (1) of
section 37,––
(i) by any registered person within such period of taking registration as may be prescribed; or
(ii) by any registered person, who has defaulted in payment of tax and where such default has
continued for such period as may be prescribed; or
(iii) by any registered person, the output tax payable by whom in accordance with the
statement of outward supplies furnished by him under the said sub-section during such period, as
may be prescribed, exceeds the output tax paid by him during the said period by such limit as
may be prescribed; or
(iv) by any registered person who, during such period as may be prescribed, has availed credit
of input tax of an amount that exceeds the credit that can be availed by him in accordance with
clause (a), by such limit as may be prescribed; or
(v) by any registered person, who has defaulted in discharging his tax liability in accordance
with the provisions of sub-section (12) of section 49 subject to such conditions and restrictions as
may be prescribed; or
(vi) by such other class of persons as may be prescribed.]
39. Furnishing of returns.—2
[(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, and within such time, 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 paying tax under the provisions of section 10, shall, for each financial year or
part thereof, furnish a return, electronically, of turnover in the State or Union territory, inward supplies of
goods or services or both, tax payable, tax paid and such other particulars in such form and manner, and
within such time, as may be prescribed.]
(3) Every registered person required to deduct tax at source under the provisions of section 51 shall
furnish, in such form and manner as may be prescribed, a return, electronically, for the month in which
such deductions have been made within ten days after the end of such month.
(4) Every taxable person registered as an Input Service Distributor shall, for every calendar month or
part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within
thirteen days after the end of such month.
1. Subs. by Act 6 of 2022, s. 104, for section 38 (w.e.f. 1-10-2022).
2. Subs. by Act 23 of 2019, s. 97, for sub-sections (1) and (2) (w.e.f. 10-11-2020).
45
(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 1
[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.
2
[(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
Government the tax due as per such return not later than the last date on which he is required to furnish
such return:
3
[Provided that every registered person furnishing return under the proviso to sub-section (1) shall pay
to the Government, in such form and manner, and within such time, as may be prescribed,––
(a) an amount equal to 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; or
(b) in lieu of the amount referred to in clause (a), an amount determined in such manner and
subject to such conditions and restrictions as may be prescribed.]
Provided further that every registered person furnishing return under sub-section (2) shall pay to the
Government, the tax due taking into account turnover in the State or Union territory, inward supplies of
goods or services or both, tax payable, and such other particulars during a quarter, in such form and
manner, 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) 4
[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 such form and manner as may be prescribed],
subject to payment of interest under this Act:
Provided that no such rectification of any omission or incorrect particulars shall be allowed after 6
[the
thirtieth day of November] following 7
[the end of the financial year to which such details pertain], or the
actual date of furnishing of relevant annual return, whichever is earlier.
(10) A registered person shall not be allowed to furnish a return for a tax period if the return for any
of the previous tax periods 8
[or the details of outward supplies under sub-section (1) of section 37 for the
said tax period has not been furnished by him:
1. Subs. by Act 6 of 2022, s. 105, for “twenty” (w.e.f. 1-10-2022).
2. Subs. by Act 23 of 2019, s. 97, for sub-section (7) (w.e.f. 10-11-2020).
3. Subs. by Act 6 of 2022, s. 105, for the proviso (w.e.f. 1-10-2022).
4. Subs. by s. 105, ibid., for “Subject to the provisions of sections 37 and 38, if” (w.e.f. 1-10-2022).
5. Subs. by Act 31 of 2018, s. 17, for “in the return to be furnished for the month or quarter during which such omission or
incorrect particulars are noticed” (w.e.f. 1-2-2019).
6. Subs. by Act 6 of 2022, s. 105, for “the due date for furnishing of return for the month of September or second quarter”
(w.e.f. 1-10-2022).
7. Subs. by Act 31 of 2018, s. 17, for “the end of the financial year” (w.e.f. 1-2-2019).
8. Subs. by Act 6 of 2022, s. 105, for “has not been furnished by him” (w.e.f. 1-10-2022).
46
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, even if he has not furnished the returns for one or more previous
tax periods or has not furnished the details of outward supplies under sub-section (1) of section 37 for the
said tax period.]
1
[(11) A registered person shall not be allowed to furnish a return for a tax period after the expiry of a
period of three 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.]
40. First return.—Every registered person who has made outward supplies in the period between the
date on which he became liable to registration till the date on which registration has been granted shall
declare the same in the first return furnished by him after grant of registration.
2
[41. Availment of input tax credit.—(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 supplier makes payment of the tax payable in respect of the aforesaid
supplies, the said registered person may re-avail the amount of credit reversed by him in such manner as
may be prescribed.]
42. [Matching, reversal and reclaim of input tax credit].— Omitted by the Finance Act, 2022 (6 of
2022), s. 107 (w.e.f. 1-10-2022).
43. [Matching, reversal and reclaim of reduction in output tax liability].—Omitted by s. 107, ibid.
(w.e.f. 1-10-2022).
43A. [Procedure for furnishing return and availing input tax credit].—Omitted by s. 107, ibid.
(w.e.f. 1-10-2022).
3
[44. Annual return.—4
[(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,
exempt any class of registered persons from filing annual return under this section:
Provided further that nothing contained in this section shall apply to any department of the Central
Government or a State Government or a local authority, whose books of account are subject to audit by
1. Ins. by Act 8 of 2023, s. 143 (w.e.f. 1-10-2023).
2. Subs. by Act 6 of 2022, s. 106, for section 41 (w.e.f. 1-10-2022).
3. Subs. by Act 13 of 2021, s. 111, for section 44 (w.e.f. 1-8-2021).
4. Section 44 renumbered as sub-section (1) thereof by Act 8 of 2023, s. 144 (w.e.f. 1-10-2023).
47
the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local
authorities under any law for the time being in force.]
1
[(2) A registered person shall not be allowed to furnish an annual return under sub-section (1) for a
financial year after the expiry of a period of three years from the due date of furnishing the said annual
return:
Provided that the Government may, on the recommendations of the Council, by notification, 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.]
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.
46. Notice to return defaulters.—Where a registered person fails to furnish a return under
section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within
fifteen days in such form and manner as may be prescribed.
47. Levy of late fee.—(1) Any registered person who fails to furnish the details of outward 2***
supplies required under section 37 3*** or returns required under section 39 or section 45 4
[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 registered person who fails to furnish the return required under section 44 by the due date
shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues
subject to a maximum of an amount calculated at a quarter per cent. of his turnover in the State or Union
territory.
48. Goods and services tax practitioners.—(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 the
details of outward supplies under section 37, 5*** and the return under section 39 or section 44 or
section 45 6
[and to perform such other functions] in such manner as may be prescribed.
(3) Notwithstanding anything contained in sub-section (2), the responsibility for correctness of any
particulars furnished in the return or other details filed by the goods and services tax practitioners shall
continue to rest with the registered person on whose behalf such return and details are furnished.