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GST Update-05.02.2017-RETURNS PART-I

Section 32: Furnishing details of outward supplies

GST DAILY DOSE OF UPDATION

Returns-I

Section 32: Furnishing details of outward supplies

The provison reads as follows:

(1) Every registered taxable person, other than an input service distributor, a nonresident taxable person and a person paying tax under the provisions of section 9, section 46 or section 56, shall furnish, electronically, in such form and manner as may be prescribed, the details of outward supplies of goods or services 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 the time and in the manner as may be prescribed:

PROVIDED that the Commissioner may, for valid and sufficient reasons, by notification, for such class of taxable persons as may be specified therein, extend the time limit for furnishing such details:

PROVIDED FURTHER that any extension of time limit approved by the Commissioner of [Central / State] Goods and Services Tax shall be deemed to be approved by the Commissioner of [State/Central] Goods and Services Tax.

Explanation.- For the purposes of this section, 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 taxable person who has been communicated the details under sub-section (3) of section 33 or the details pertaining to inward supplies of input service distributor under sub-section (4) of section 333, shall either accept or reject the details so communicated, on or before the seventeenth day of the month succeeding the tax period and the details furnished by him under subsection (1) shall stand amended accordingly.

(3) Any registered taxable person, who has furnished the details under sub-section (1) for any tax period and which have remained unmatched under section 37 or section 38, 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 (1) shall be allowed after furnishing of the return under section 34 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.

When compared to the old draft we would find that the following changes have been made in the revised draft:

1. Earlier only the ISD, person opting for composition scheme and person deducting TDS were kept outside the purview of this section. These persons were not required to file the GSTR-1. In the revised draft, the non-resident taxable person, and the person deducting TCS are also been ousted from the scope of this section.

2. Earlier the time limit of accepting or rejecting the communication received of inward supplies and ISD was not prescribed. It is now been prescribed as the 17th of the subsequent month. Thus the registered taxable person who has been communicated details of inward supplies and ISD must either accept or reject the details communicated by 17th of subsequent month.

3. Earlier the Commissioner was allowed to extend the time limit of furnishing such details for valid and sufficient reasons. In the revised draft, an additional power has been conferred upon him to notify class of taxable persons, for whom time limit for filling the return may be extended.

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PRADEEP JAIN, F.C.A.

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