Section 38 of CGST Act, 2017 -Furnishingdetails ofinwardsupplies

Ankita Khetan | Oct 13, 2017 |

Section 38 of CGST Act, 2017 -Furnishingdetails ofinwardsupplies

Section 38 of CGST Act, 2017 -Furnishingdetails ofinwardsupplies

Section 38 of CGST Act,2017 from bare act : –
(1) Every registered person, other than an Input Service Distributor or anon-resident taxable person or a person paying tax under the provisions of section 10 orsection 51 orsection 52, shall verify, validate, modify or delete, if required, the detailsrelating 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 mayinclude therein, the details of inward supplies and credit or debit notes received by him inrespect of such supplies that have not been declared by the supplier under sub-section (1)
of section 37.
(2) Every registered person, other than an Input Service Distributor or a non-residenttaxable person or a person paying tax under the provisions of section 10 or section 51 orsection 52, shall furnish, electronically, the details of inward supplies of taxable goods orservices or both, including inward supplies of goods or services or both on which the tax ispayable on reverse charge basis under this Act and inward supplies of goods or services orboth taxable under the Integrated Goods and Services Tax Act or on which integrated goodsand services tax is payable under section 3 of the Customs Tariff Act, 1975, and credit or debitnotes received in respect of such supplies during a tax period after the tenth day but on orbefore the fifteenth day of the month succeeding the tax period in such form and manner as
may be prescribed:
Provided that the Commissioner may, for reasons to be recorded in writing, bynotification, extend the time limit for furnishing such details for such class of taxable personsas may be specified therein:
Provided further that any extension of time limit notified by the Commissioner of Statetax 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 furnishedunder sub-section (2) shall be communicated to the supplier concerned in such manner andwithin such time as may be prescribed.
(4) The details of supplies modified, deleted or included by the recipient in thereturn furnished under sub-section (2) or sub-section (4) of section 39 shall becommunicated to the supplier concerned in such manner and within such time as may beprescribed.
(5) Any registered person, who has furnished the details under sub-section (2) for anytax period and which have remained unmatched under section 42 or section 43, shall, upondiscovery of any error or omission therein, rectify such error or omission in the tax periodduring which such error or omission is noticed in such manner as may be prescribed, andshall pay the tax and interest, if any, in case there is a short payment of tax on account of sucherror 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 furnishedunder sub-section (2) shall be allowed after furnishing of the return under section 39 for themonth of September following the end of the financial year to which such details pertain, orfurnishing of the relevant annual return, whichever is earlier.


CHAPTER IX

RETURNS

Chapter IX of the CGST Act,2017 covers twelve sections relating to RETURNSunder GST. All thesesections from the CGST Act,2017 are available for your ready reference.
Section 37 :Furnishingdetails ofoutwardsupplies
Section 38 :Furnishingdetails ofinwardsupplies
Section 39 :Furnishing ofreturns
Section 40 :First return
Section 41 :Claim ofinput taxcredit andprovisionalacceptancethereof
Section 42 :Matching,reversal andreclaim ofinput taxcredit
Section 43 :Matching,reversal andreclaim ofreduction inoutput taxliability
Section 44 :Annual return
Section 45 :Final return
Section 46 :Notice toreturndefaulters
Section 47 :Levy of latefee
Section 48 :Goods andservices taxpractitioners


 

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