Section 38 - Furnishing details of inward supplies of CGST ACT, 2017

             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 (1)
of section 37.
                   (2) 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 furnish, electronically, the details of inward supplies of taxable goods or
services or both, including inward supplies of goods or services or both on which the tax is
payable on reverse charge basis under this Act and inward supplies of goods or services or
both taxable under the Integrated Goods and Services Tax Act or on which integrated goods
and services tax is payable under section 3 of the Customs Tariff Act, 1975, and credit or debit
notes received in respect of such supplies during a tax period after the tenth day but on or
before 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, by
notification, extend the time limit for 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 omission in the tax period
during which such error or omission is noticed 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 (2) shall be allowed after furnishing of the return under section 39 for the
month of September following the end of the financial year to which such details pertain, or
furnishing of the relevant annual return, whichever is earlier.

Analysis by Experts

No explanations yet!!! Please, Login to provide explanation for this section.
Browse all sections of CGST ACT, 2017
mode_edit