Section 37 of CGST Act: GSTR-1 due date for Outward Supplies Indirect Tax

[ad_1]

Amended and updated notes on section 37 of CGST Act, 2017. Detail discussion on provisions and rules related to furnishing details of outward supplies.

Chapter IX (Sections 3748) of the Central Goods and Services Tax Act, 2017 deals with the provisions related to returns. Section 37 of CGST 2017 provides for furnishing details of outward supplies.

Recently, we have discussed in detail section 36 (Period of retention of accounts) of CGST Act 2017. Today, we learn the provisions of section 37 of Central GST Act 2017.

Section 37 of the Central Goods and Services Tax Act, 2017 has been notified by the Ministry of Finance vide Notification No. 9/2017-Central Tax, G.S.R. 658(E), dated 28.06.2017. This notification was come into force from 1st July, 2017 i.e. the commencement date of section 37 is 1-7-2017.

GST section 37 amendments, error or omission, tax and interest and last date for filing GSTR-1. GSTR-1 for furnishing details of outward supplies of goods or services during tax period.

Download all sections of the Central Goods and Services Tax Act, 2017 in PDF. You may click here to get latest updated and amended digital book on the Central GST Act 2017 with Rules in PDF format and click here for GST law in amazon Kindle format.

Rule 59(6) inserted w.e.f. 1st January, 2021 by CGST (Amendment) Rules, 2021 vide notification No. 01/2021-Central Tax dated 01.01.2021.

CGST Sub-rule (6) of Rule 59 w.e.f. 01.01.2021: Notwithstanding anything contained in this rule, –

  • (a) a registered person shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1, if he has not furnished the return in FORM GSTR-3B for preceding two months;
  • (b) a registered person, required to furnish return for every quarter under the proviso to sub-section (1) of section 39, shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using the invoice furnishing facility, if he has not furnished the return in FORM GSTR-3B for preceding tax period; (c) a registered person, who is restricted from using the amount available in electronic credit ledger to discharge his liability towards tax in excess of ninety-nine per cent. of such tax liability under rule 86B, shall not be allowed to furnish the details of outward supplies of goods or services or both under section 37 in FORM GSTR-1 or using the invoice furnishing facility, if he has not furnished the return in FORM GSTR-3B for preceding tax period.

Notes on Section 37 of CGST Act 2017

GSTR-1 for Outward Supplies [ GST Section 37(1)]:

If you are registered person then you have to file GSTR-1 for details of outward supplies of goods or services or both. File your e-form GSTR-1 electronically on or before 10th day of the month succeeding tax period.

GSTR-1 shall include the following details–

  1. Invoice wise details of all –
    • (i) inter-State and intra-State supplies made to the registered persons; and
    • (ii) inter-State supplies with invoice value more than ₹2.5 lakh made to the unregistered persons;
  2. Consolidated details of all –
    • (i) intra-State supplies made to unregistered persons for each rate of tax; and
    • (ii) State wise inter-State supplies with invoice value upto ₹2.5 lakh made to unregistered persons for each rate of tax;
  3. Debit and Credit Notes, if any, issued during the month for invoices issued previously.

Supplier file GSTR-1 through the common portal i.e. www.gst.gov.in either directly or through a Facilitation Centre notified by the Commissioner. The details of outward supplies furnished through GSTR-1 shall be made available to recipients in Part A of FORM GSTR-2A, in FORM GSTR-4A and in FORM GSTR-6A after the due date of filing of FORM GSTR-1.

GSTR-1 not required for 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.

You shall not be allowed to furnish the details of outward supplies during the period from the 11th to 15th day of the month succeeding the tax period. However, the Commissioner may extend the time limit for filing GSTR-1 by notification for specified class of taxable persons. Note 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.

Accept or Reject Modifications in GSTR-1A [ GST Section 37(2)]:

The details of sales contained in GSTR-1 shall be amended automatically through accepting or rejecting modifications available in GSTR-1A. Supplier must either accept or reject the modified details in GSTR-1A between 15th to 17th of next month. For example GSTR 1A for January 2021 has to be accepted/ rejected between 15th – 17th February 2021.

The details of inward supplies added, corrected or deleted by the recipient in his FORM GSTR-2 u/s 38 or FORM GSTR-4 or FORM GSTR-6 u/s 39 shall be made available to the supplier electronically in FORM GSTR-1A and such supplier may either accept or reject the modifications made by the recipient and FORM GSTR-1 furnished earlier by the supplier shall stand amended to the extent of modifications accepted by him.

Rectification of Error or Omission in GSTR-1 [ GST Section 37(3)]:

Any registered person filed sales details in GSTR-1 remained unmatched u/s 42 or section 43 shall rectify such error or omission in prescribed manner. He shall pay GST 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:

No rectification of error or omission 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.

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.

Section 37 of Central GST – Furnishing details of outward supplies

Section 37 of CGST Act 2017 shall come into force on 01.07.2017 vide Notification No. 9/2017-Central Tax, G.S.R. 658(E), dated 28.06.2017.

Section 37(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, 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 said tax period and such details shall be communicated to the recipient of the said supplies within such time and in such manner as may be prescribed:

Provided that the registered person shall not be allowed to furnish the details of outward supplies during the period from the eleventh day to the fifteenth day of the month succeeding the tax period:

Provided further 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 also 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.

Section 37(2): Every registered person who has been communicated the details under sub-section (3) of section 38 or the details pertaining to inward supplies of Input Service Distributor under sub-section (4) of section 38, shall either accept or reject the details so communicated, on or before the seventeenth day, but not before the fifteenth day, of the month succeeding the tax period and the details furnished by him under sub-section (1) shall stand amended accordingly.

Section 37(3): Any registered person, who has furnished the details under sub-section (1) 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 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 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.

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. [Vide Order No. 02/2018-Central Tax, S.O. 6428(E) dated 31-12-2018.]

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.

[ad_2]

Source link