28. Amendment of registration.—
(1) Every registered person and a person to whom a Unique
Identity Number has been assigned shall inform the proper officer of any changes in the information
furnished at the time of registration or subsequent thereto, in such form and manner and within such
period as may be prescribed.
(2) The proper officer may, on the basis of information furnished under sub-section
(1) or as
ascertained by him, approve or reject amendments in the registration particulars in such manner and
within such period as may be prescribed:
Provided that approval of the proper officer shall not be required in respect of amendment of such
particulars as may be prescribed:
Provided further that the proper officer shall not reject the application for amendment in the registration
particulars without giving the person an opportunity of being heard.
(3) Any rejection or approval of amendments under the State Goods and Services Tax Act or the
Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a rejection or
approval under this Act.
29. Cancellation 1[or suspension] of registration.—
(1) The proper officer may, either on his own
motion or on an application filed by the registered person or by his legal heirs, in case of death of such
person, cancel the registration, in such manner and within such period as may be prescribed, having
regard to the circumstances where,––
(a) the business has been discontinued, transferred fully for any reason including death of the
proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or
(b) there is any change in the constitution of the business; or
2
[
(c) the taxable person is no longer liable to be registered under section 22 or section 24 or
intends to optout of the registration voluntarily made under sub-section
(3) of section 25:]
3
[
Provided that during pendency of the proceedings relating to cancellation of registration filed by
the registered person, the registration may be suspended for such period and in such manner as may
be prescribed.]
(2) The proper officer may cancel the registration of a person from such date, including any
retrospective date, as he may deem fit, where,––
(a) a registered person has contravened such provisions of the Act or the rules made thereunder as
may be prescribed; or
(b) a person paying tax under section 10 has not furnished 4[the return for a financial year beyond
three months from the due date of furnishing the said return]; or
(c) any registered person, other than a person specified in clause
(b), has not furnished returns for
5
[such continuous tax period as may be prescribed]; or
(d) any person who has taken voluntary registration under sub-section
(3) of section 25 has not
commenced business within six months from the date of registration; or
1. Ins. by Act 31 of 2018, s. 14 (w.e.f. 1-2-2019).
2. Subs. by Act 12 of 2020, s. 121, for clause
(c) (w.e.f. 1-1-2021).
3. The proviso ins. Act 31 of 2018, by s. 14 (w.e.f. 1-2-2019).
4. Subs. by Act 6 of 2022, s. 101, for “returns for three consecutive tax periods” (w.e.f. 1-10-2022).
5. Subs. by s. 101, ibid., for “a continuous period of six months” (w.e.f. 1-10-2022).
36
(e) registration has been obtained by means of fraud, wilful misstatement or suppression of facts:
Provided that the proper officer shall not cancel the registration without giving the person an
opportunity of being heard.
1
[Provided further that during pendency of the proceedings relating to cancellation of registration, the
proper officer may suspend the registration for such period and in such manner as may be prescribed.]
(3) The cancellation of registration under this section shall not affect the liability of the person to pay tax
and other dues under this Act or to discharge any obligation under this Act or the rules made thereunder for
any period prior to the date of cancellation whether or not such tax and other dues are determined before or
after the date of cancellation.
(4) The cancellation of registration under the State Goods and Services Tax Act or the Union
Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a cancellation of
registration under this Act.
(5) Every registered person whose registration is cancelled shall pay an amount, by way of debit in the
electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs
held in stock and inputs contained in semi-finished or finished goods held in stock or capital goods or plant
and machinery on the day immediately preceding the date of such cancellation or the output tax payable on
such goods, whichever is higher, calculated in such manner as may be prescribed:
Provided that in case of capital goods or plant and machinery, the taxable person shall pay an amount
equal to the input tax credit taken on the said capital goods or plant and machinery, reduced by such
percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant
and machinery under section 15, whichever is higher.
(6) The amount payable under sub-section
(5) shall be calculated in such manner as may be
prescribed.
30. Revocation of cancellation of registration.—
(1) Subject to such conditions as may be prescribed,
any registered person, whose registration is cancelled by the proper officer on his own motion, may apply to
such officer for revocation of cancellation of the registration in the prescribed manner within thirty days from
the date of service of the cancellation order.
2 3
[ [
Provided that such period may, on sufficient cause being shown, and for reasons to be recorded in
writing, be extended,—
(a) by the Additional Commissioner or the Joint Commissioner, as the case may be, for a period
not exceeding thirty days;
(b) by the Commissioner, for a further period not exceeding thirty days, beyond the period
specified in clause
(a).]
(2) The proper officer may, in such manner and within such period as may be prescribed, by order, either
revoke cancellation of the registration or reject the application:
Provided that the application for revocation of cancellation of registration shall not be rejected unless
the applicant has been given an opportunity of being heard.
(3) The revocation of cancellation of registration under the State Goods and Services Tax Act or the
Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a revocation of
cancellation of registration under this Act.
1. The proviso ins. by Act 31 of 2018, s. 14 (w.e.f. 1-2-2019).
2. Ins. by Central Goods and Services Tax (Fifth Removal of Difficulties) Order, 2019 vide Order No.05/2019-GST (w.e.f. 23-4-
2019).
3. Subs. by Act 12 of 2020, s. 122, for the proviso (w.e.f. 1-1-2021).
37
CHAPTER VII
TAX INVOICE, CREDIT AND DEBIT NOTES
31. Tax invoice.—
(1) A registered person supplying taxable goods shall, before or at the time of,—
(a) removal of goods for supply to the recipient, where the supply involves movement of goods;
or
(b) delivery of goods or making available thereof to the recipient, in any other case,
issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such
other particulars as may be prescribed:
Provided that the Government may, on the recommendations of the Council, by notification, specify
the categories of goods or supplies in respect of which a tax invoice shall be issued, within such time and
in such manner as may be prescribed.
(2) A registered person supplying taxable services shall, before or after the provision of service but
within a prescribed period, issue a tax invoice, showing the description, value, tax charged thereon and such
other particulars as may be prescribed:
1
[
Provided that the Government may, on the recommendations of the Council, by notification,––
(a) specify the categories of services or supplies in respect of which a tax invoice shall be issued,
within such time and in such manner as may be prescribed;
(b) subject to the condition mentioned therein, specify the categories of services in respect of
which––
(i) any other document issue in relation to the supply shall be deemed to be tax invoice; or
(ii) tax invoice may not be issued.]
(3) Notwithstanding anything contained in sub-sections
(1) and
(2)––
(a) a registered person may, within one month from the date of issuance of certificate of registration
and in such manner as may be prescribed, issue a revised invoice against the invoice already issued during
the period beginning with the effective date of registration till the date of issuance of certificate of
registration to him;
(b) a registered person may not issue a tax invoice if the value of the goods or services or both
supplied is less than two hundred rupees subject to such conditions and in such manner as may be
prescribed;
(c) a registered person supplying exempted goods or services or both or paying tax under the
provisions of section 10 shall issue, instead of a tax invoice, a bill of supply containing such particulars
and in such manner as may be prescribed:
Provided that the registered person may not issue a bill of supply if the value of the goods or
services or both supplied is less than two hundred rupees subject to such conditions and in such
manner as may be prescribed;
(d) a registered person shall, on receipt of advance payment with respect to any supply of goods or
services or both, issue a receipt voucher or any other document, containing such particulars as may be
prescribed, evidencing receipt of such payment;
(e) where, on receipt of advance payment with respect to any supply of goods or services or both
the registered person issues a receipt voucher, but subsequently no supply is made and no tax invoice
is issued in pursuance thereof, the said registered person may issue to the person who had made the
payment, a refund voucher against such payment;
1. The Proviso subs. by Act 12 of 2020, s. 123 (w.e.f. 1-1-2021).
38
(f) a registered person who is liable to pay tax under sub-section
(3) or sub-section
(4) of
section 9 shall issue an invoice in respect of goods or services or both received by him from the
supplier who is not registered on the date of receipt of goods or services or both;
(g) a registered person who is liable to pay tax under sub-section
(3) or sub-section
(4) of
section 9 shall issue a payment voucher at the time of making payment to the supplier.
(4) In case of continuous supply of goods, where successive statements of accounts or successive
payments are involved, the invoice shall be issued before or at the time each such statement is issued or,
as the case may be, each such payment is received.
(5) Subject to the provisions of clause
(d) of sub-section
(3), in case of continuous supply of
services,––
(a) where the due date of payment is ascertainable from the contract, the invoice shall be issued
on or before the due date of payment;
(b) where the due date of payment is not ascertainable from the contract, the invoice shall be
issued before or at the time when the supplier of service receives the payment;
(c) where the payment is linked to the completion of an event, the invoice shall be issued on or
before the date of completion of that event.
(6) In a case where the supply of services ceases under a contract before the completion of the supply,
the invoice shall be issued at the time when the supply ceases and such invoice shall be issued to the
extent of the supply made before such cessation.
(7) Notwithstanding anything contained in sub-section
(1), where the goods being sent or taken on
approval for sale or return are removed before the supply takes place, the invoice shall be issued before or
at the time of supply or six months from the date of removal, whichever is earlier.
Explanation.––For the purposes of this section, the expression “tax invoice” shall include any revised
invoice issued by the supplier in respect of a supply made earlier.
1
[31A. Facility of digital payment to recipient.—The Government may, on the recommendations of
the Council, prescribe a class of registered persons who shall provide prescribed modes of electronic
payment to the recipient of supply of goods or services or both made by him and give option to such
recipient to make payment accordingly, in such manner and subject to such conditions and restrictions, as
may be prescribed.]
32. Prohibition of unauthorised collection of tax.—
(1) A person who is not a registered person
shall not collect in respect of any supply of goods or services or both any amount by way of tax under this
Act.
(2) No registered person shall collect tax except in accordance with the provisions of this Act or the
rules made thereunder.
33. Amount of tax to be indicated in tax invoice and other documents.—Notwithstanding
anything contained in this Act or any other law for the time being in force, where any supply is made for a
consideration, every person who is liable to pay tax for such supply shall prominently indicate in all
documents relating to assessment, tax invoice and other like documents, the amount of tax which shall
form part of the price at which such supply is made.
34. Credit and debit notes.—
(1) 2[Where one or more tax invoices have] been issued for supply of
any goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed
the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the
recipient, or where goods or services or both supplied are found to be deficient, the registered person, who
has supplied such goods or services or both, may issue to the recipient 3[one or more credit notes for
supplies made in a financial year] containing such particulars as may be prescribed.
1. Ins. by Act 23 of 2019, s. 96 (w.e.f. 1-1-2020).
2. Subs. by Act 31 of 2018, s. 15, for “Where a tax invoice has” (w.e.f. 1-2-2019).
3. Subs. by s. 15, ibid., for “a credit note” (w.e.f. 1-2-2019).
39
(2) Any registered person who issues a credit note in relation to a supply of goods or services or both
shall declare the details of such credit note in the return for the month during which such credit note has
been issued but not later than 1[the thirtieth day of November] following the end of the financial year in
which such supply was made, or the date of furnishing of the relevant annual return, whichever is earlier,
and the tax liability shall be adjusted in such manner as may be prescribed:
Provided that no reduction in output tax liability of the supplier shall be permitted, if the incidence of
tax and interest on such supply has been passed on to any other person.
(3) 2[Where one or more tax invoices have] been issued for supply of any goods or services or both
and the taxable value or tax charged in that tax invoice is found to be less than the taxable value or tax
payable in respect of such supply, the registered person, who has supplied such goods or services or both,
shall issue to the recipient 3[one or more debit notes for supplies made in a financial year] containing such
particulars as may be prescribed.
(4) Any registered person who issues a debit note in relation to a supply of goods or services or both
shall declare the details of such debit note in the return for the month during which such debit note has
been issued and the tax liability shall be adjusted in such manner as may be prescribed.
Explanation.––For the purposes of this Act, the expression “debit note” shall include a supplementary
invoice.
CHAPTER VIII
ACCOUNTS AND RECORDS
35. Accounts and other records.—
(1) Every registered person shall keep and maintain, at his
principal place of business, as mentioned in the certificate of registration, a true and correct account of—
(a) production or manufacture of goods;
(b) inward and outward supply of goods or services or both;
(c) stock of goods;
(d) input tax credit availed;
(e) output tax payable and paid; and
(f) such other particulars as may be prescribed:
Provided that where more than one place of business is specified in the certificate of registration, the
accounts relating to each place of business shall be kept at such places of business:
Provided further that the registered person may keep and maintain such accounts and other particulars
in electronic form in such manner as may be prescribed.
(2) Every owner or operator of warehouse or godown or any other place used for storage of goods and
every transporter, irrespective of whether he is a registered person or not, shall maintain records of the
consigner, consignee and other relevant details of the goods in such manner as may be prescribed.
(3) The Commissioner may notify a class of taxable persons to maintain additional accounts or
documents for such purpose as may be specified therein.
(4) Where the Commissioner considers that any class of taxable person is not in a position to keep
and maintain accounts in accordance with the provisions of this section, he may, for reasons to be
recorded in writing, permit such class of taxable persons to maintain accounts in such manner as may be
prescribed.
1. Subs. by Act 6 of 2022, s. 102, for “September” (w.e.f. 1-10-2022).
2. Subs. by Act 31 of 2018, s. 15, for “Where a tax invoice has” (w.e.f. 1-2-2019).
3. Subs. by s. 15, ibid., for “a debit note” (w.e.f. 1-2-2019).
40
(5) Every registered person whose turnover during a financial year exceeds the prescribed limit shall get
his accounts audited by a chartered accountant or a cost accountant and shall submit a copy of the audited
annual accounts, the reconciliation statement under sub-section
(2) of section 44 and such other
documents in such form and manner as may be prescribed:
1
[
Provided that nothing contained in this sub-section shall apply to any department of the Central
Government or a State Government or a local authority, whose books of account are subject to audit by
the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local
authorities under any law for the time being in force.]
(6) Subject to the provisions of clause
(h) of sub-section
(5) of section 17, where the registered
person fails to account for the goods or services or both in accordance with the provisions of sub-
section
(1), the proper officer shall determine the amount of tax payable on the goods or services or
both that are not accounted for, as if such goods or services or both had been supplied by such person
and the provisions of section 73 or section 74, as the case may be, shall, mutatis mutandis, apply for
determination of such tax.
36. Period of retention of accounts.—Every registered person required to keep and maintain books
of account or other records in accordance with the provisions of sub-section
(1) of section 35 shall retain
them until the expiry of seventy-two months from the due date of furnishing of annual return for the year
pertaining to such accounts and records:
Provided that a registered person, who is a party to an appeal or revision or any other proceedings
before any Appellate Authority or Revisional Authority or Appellate Tribunal or court, whether filed by him
or by the Commissioner, or is under investigation for an offence under Chapter XIX, shall retain the books
of account and other records pertaining to the subject matter of such appeal or revision or proceedings or
investigation for a period of one year after final disposal of such appeal or revision or proceedings or
investigation, or for the period specified above, whichever is later.
CHAPTER IX
RETURNS
37. Furnishing details of outward supplies.—
(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, 2[subject to such conditions and restrictions
and] 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 3[shall, subject to such conditions and restrictions, within such time and in such manner
as may be prescribed, be communicated to the recipient of the said supplies:]
4
* * * *
5
[
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:
6
[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.
7
* * * *
(3) Any registered person, who has furnished the details under sub-section
(1) for any tax period 8***,
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:
1. The proviso ins. by Act 31 of 2018, s. 16 (w.e.f. 1-2-2019).
2. Ins. by Act 6 of 2022, s. 103 (w.e.f. 1-10-2022).
3. Subs. by s. 103, ibid., for “shall be communicated to the recipient of the said supplies within such time and in such manner as
may be prescribed” (w.e.f. 1-10-2022).
4. Proviso omitted by s. 103 ibid (w.e.f. 1-10-2022).
5. Subs. by s. 103, ibid., for “Provided further that” (w.e.f. 1-10-2022).
6. Subs. by s. 103, ibid., “Provided also that” (w.e.f. 1-10-2022).
7. Sub-section
(2) omitted by s. 103, ibid. (w.e.f. 1-10-2022).
8. The words and figures “and which have remained unmatched under section 42 or section 43” omitted by s. 103, ibid.
(w.e.f. 1-10-2022).
41
Provided that no rectification of error or omission in respect of the details furnished under
sub-section
(1) shall be allowed after 1[the thirtieth day of November] following the end of the financial
year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier.
2
[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.]
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.
3
[
(4) A registered person shall not be allowed to furnish the details of outward supplies under sub-
section
(1) for a tax period, if the details of outward supplies for any of the previous tax periods has not
been furnished by him:
Provided that the Government may, on the recommendations of the Council, by notification, subject
to such conditions and restrictions as may be specified therein, allow a registered person or a class of
registered persons to furnish the details of outward supplies under sub-section
(1), even if he has not
furnished the details of outward supplies for one or more previous tax periods.]
4
[38. Communication of details of inward supplies input tax credit.—
(1) The details of outward
supplies furnished by the registered persons under sub-section
(1) of section 37 and of such other supplies
as may be prescribed, and an auto-generated statement containing the details of input tax credit shall be
made available electronically to the recipients of such supplies in such form and manner, within such
time, and subject to such conditions and restrictions as may be prescribed.
(2) The auto-generated statement under sub-section
(1) shall consist of––
(a) details of inward supplies in respect of which credit of input tax may be available to the
recipient; and
(b) details of supplies in respect of which such credit cannot be availed, whether wholly or partly,
by the recipient, on account of the details of the said supplies being furnished under sub-section
(1) of
section 37,––
(i) by any registered person within such period of taking registration as may be prescribed; or
(ii) by any registered person, who has defaulted in payment of tax and where such default has
continued for such period as may be prescribed; or
(iii) by any registered person, the output tax payable by whom in accordance with the
statement of outward supplies furnished by him under the said sub-section during such period, as
may be prescribed, exceeds the output tax paid by him during the said period by such limit as
may be prescribed; or
(iv) by any registered person who, during such period as may be prescribed, has availed credit
of input tax of an amount that exceeds the credit that can be availed by him in accordance with
clause
(a), by such limit as may be prescribed; or
(v) by any registered person, who has defaulted in discharging his tax liability in accordance
with the provisions of sub-section
(12) of section 49 subject to such conditions and restrictions as
may be prescribed; or
(vi) by such other class of persons as may be prescribed.]
1. Subs. by Act 6 of 2022, s. 103, for “furnishing of the return under section 39 for the month of September” (w.e.f. 1-10-2022).
2. Ins. by vide Order No. 02/2018-Central Tax dated 31-12-2018.
3. Ins. by Act 6 of 2022, s. 103, (w.e.f. 1-10-2022).
4. Subs. by s. 104, ibid., for “section 38” (w.e.f. 1-10-2022).
42
39. Furnishing of returns.—1[
(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, for every calendar month or part thereof, furnish, a return, electronically, of inward and
outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such
other particulars, in such form and manner, and within such time, as may be prescribed:
Provided that the Government may, on the recommendations of the Council, notify certain class of
registered persons who shall furnish a return for every quarter or part thereof, subject to such conditions
and restrictions as may be specified therein.