Section 44 of CGST Act 2017: Furnishing Annual Return

Provisions under Section 44 of the Central Goods and Services Tax (CGST) Act, 2017 relating to “Furnishing Annual Return”:

Section 44 of CGST Act 2017: Annual Return (CHAPTER IX – RETURNS)

(1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year.

Provided that the Commissioner may, on the recommendations of the Council and for reasons to be recorded in writing, by notification, extend the time limit for furnishing the annual return for such class of registered persons as may be specified therein: [Refer Note 1]

Provided further that any extension of time limit notified by the Commissioner of State tax or the Commissioner of Union territory tax shall be deemed to be notified by the Commissioner. [Refer Note 1]

(2) Every registered person who is required to get his accounts audited in accordance with the provisions of sub-section (5) of section 35 shall furnish, electronically, the annual return under sub-section (1) along with a copy of the audited annual accounts and a reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year with the audited annual financial statement, and such other particulars as may be prescribed. [Refer Note 2]

(1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a self-certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within such time and in such form and in such manner as may be prescribed: [Note 3]

Provided that the Commissioner may, on the recommendations of the Council, by notification, exempt any class of registered persons from filing annual return under this section:

Provided further that nothing contained in this 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.

(2) A registered person shall not be allowed to furnish an annual return under sub-section (1) for a financial year after the expiry of a period of three years from the due date of furnishing the said annual return: [Note 3]

Provided that the Government may, on the recommendations of the Council, by notification, and subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to furnish an annual return for a financial year under sub-section (1), even after the expiry of the said period of three years from the due date of furnishing the said annual return. [Note 3]

Amendments History:

1. First and second Proviso to sub-section (1) inserted vide the Finance Act, 2019 (GOI Notification dated 01/08/2019).

2. Section 44 of the CGST Act 2017 substituted vide Section 111 of the Finance Act 2021 (GOI Notification dated 28/03/2021), applicable w.e.f. 01/08/2021 as per Central Tax Notification 29/2021 dated 30/07/2021.

3. Section 44 renumbered as sub-section (1) and sub-section (2) inserted thereafter, vide the Finance Act, 2023, followed with Central Tax Notification 28/2023 on commencement date of 01/10/2023.

Related Posts:

Annual GST Return Exemption FY 2021-22: CBIC Notification 

Exemption from Audited GSTR 9C from FY 2020-21: Annual GST Return on Self Certification basis

ICAI’s Handbook/ Guide on GST Annual Return FY 2021-22 (Form GSTR 9/ 9A/ 9B)

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Note: The CGST Act 2017 has been notified vide GOI Notification dt. 12/04/2017, which has subsequently been amended through CGST (Extension to J&K) Act 2017, Finance Act 2018, CGST Amendment Act 2018, Finance Act 2019, Finance Act 2020, Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance 2020, Finance Act 2021, Finance Act 2022 including various Notifications issued by the Govt./ CBIC from time to time, relating to the commencement dates of various Sections/ Provisions in the respective CGST/ Amendment Acts, wherever required. Information on this page is a Section-wise compilation of the Amendments made by various Notifications issued by CBIC from time to time, with best possible efforts for accuracy. In any case, E&OE. For official/ updated information, please visit CBIC website.