THE CENTRAL GOODS AND SERVICES TAX ACT, 2018
1[Section 43A: Procedure for furnishing return and availing input tax credit.
(1) Notwithstanding anything
contained in sub-section (2) of section 16,
section 37 or
section 38, every
registered person shall in the returns furnished under sub-section (1) of section 39 verify, validate, modify or delete the details of supplies furnished
by the suppliers.
(2) Notwithstanding anything
contained in section 41,
section 42 or
section 43, the procedure for availing of
input tax credit by the recipient and verification thereof shall be such as may
be prescribed.
(3) The procedure for furnishing the
details of outward supplies by the supplier on the common portal, for the
purposes of availing input tax credit by the recipient shall be such as may be
prescribed.
(4) The procedure for availing input
tax credit in respect of outward supplies not furnished under sub-section (3)
shall be such as may be prescribed and such procedure may include the maximum
amount of the input tax credit which can be so availed, not exceeding twenty per
cent. of the input tax credit available, on the basis of details furnished by
the suppliers under the said sub-section.
(5) The amount of tax specified in
the outward supplies for which the details have been furnished by the supplier
under sub-section (3) shall be deemed to be the tax payable by him under the
provisions of the Act.
(6) The supplier and the recipient of
a supply shall be jointly and severally liable to pay tax or to pay the input
tax credit availed, as the case may be, in relation to outward supplies for
which the details have been furnished under sub-section (3) or sub-section (4)
but return thereof has not been furnished.
(7) For the purposes of sub-section
(6), the recovery shall be made in such manner as may be prescribed and such
procedure may provide for non-recovery of an amount of tax or input tax credit
wrongly availed not exceeding one thousand rupees.
(8) The procedure, safeguards and
threshold of the tax amount in relation to outward supplies, the details of
which can be furnished under sub-section (3) by a
registered person,—
(i) within
six months of taking registration;
(ii) who has
defaulted in payment of tax and where such default has continued for more than
two months from the due date of payment of such defaulted amount, shall be such
as may be prescribed.]
1. Inserted Vide: CGST Amendment Act 2018