THE CENTRAL GOODS AND SERVICES TAX ACT, 2017
RETURNS
Section 38: Furnishing details of inward supplies (Relevant Rule 59 & 60)
(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,
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.