Amendment status not verified — confirm the current text below against the official source.
Every registered person required to keep and maintain Period of books of account or other records in accordance with the retention of provisions of sub- section (1) of section 35 shall retain accounts 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 forthe period specified above, whichever is later. 421 CHAPTER-IX RETURNS 37.(1) Every registered persons, other than an Input Service Furnishing Distributor, a non-resident taxable person and a person details paying tax under the provisions of section 10 or section 51 outward or section 52, shall furnish, electronically, in such form and supplies. 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 supplies within such time and in such manneras 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 maybe specified therein: Provided also that any extension of time limit notified by the commissioner of central tax shall be deemed to be notified by the commissioner: (2) Every registered person who has been communicated the details under sub-section (3) section of 38 or the details pertaining to inward supplies of Input Service Distributer 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. (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 422 38.(1) Every registered person, other than an Input Service Furnishing Distributor or non-resident taxable person or a person details of paying tax uncle the provisions of section 10 or section 51 inward or section 52, shall verify,validate, modify or delete, if Supplies required, the details relating to outward supplies and credit or debit notes communicated undersub-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 notes received by him in respect of such supplies that have not been declared by the supplier under sub-section (1) of section 37. 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 afterfurnishing 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. 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. (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 furnished, 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 423 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 central 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 notified 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 yearto which such details pertain, orfurnishing of the relevant annual return, whichever is earlier. 424 39.(1) Every registered person, other than an Input Service Furnishing Distributor or a non-resident taxable person or a person of returns paying tax under the provisions of section 10 or section 51 or section 52 shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, 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 as may be prescribed on or before the twentieth day of the month succeeding such calendar month or part thereof. (2) A registered person paying tax under the provisions of section 10 shall, for each quarter or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, of turnover in the State, inward supplie f goods or services or both, tax payable and tax paid within eighteen days after the end of such quarter. (3) Every registered person required to deduct tax at source under the provisions of s€ :tion 51 shall furnished, in such form and manner as maybe prescribed, a return, electronically, for the month in which such deductions have made within ten days after the end of such month. (4) Every taxable person registered as an Input Service Distributor shall, or every calendar month or part thereof, furnish, in such form and manner as may be prescribed a return, electronically, within thirteen days after the end of such month. (5) Every registered non-resident taxable person shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within twenty days after the end of a calendar month or within seven days after the last day of the period of registration specified under sub-section (1) of section 27, whichever is earlier. (6) The commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein: 425 Provided that any extension of time limit notified by the Commissioner of central tax shall be deemed to be notified by the Commissioner. (7) Every registered person, who is required to furnish a return under sub- section (1) or sub-section (2) or sub-section (3) or sub-section (5), shall pay to the Government the tax due as per such return not later than the last date on which he is required to furnish such return. (8) Every registered person who is required to furnish a return under sub- section (1) or sub-section (2) shall furnish a return for every tax period whether or not any supplies of goods or services or both have been made during such tax period. (9) Subject to the provisions of section 37 and 38, if any registered person after furnishing a return under sub-section (1) or sub-section (2) sub- section (3) or sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particuars in the return to be furnished for the month or quarter during which such omission or incorrect particulars are notice, subject to payment of interest under this Act: Provided that no such rectification of any omission or incorrect particulars shall be allowed after the due for furnishing of return for the month of September or second quarter following the end of the financial year, or the actual date of furnishing of relevant annual return, whichever is earlier. (10) A registered person shall not be allowed t' furnish a return for a tax period if the return for any of the previous tax periods has not been furnished by him.