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) [substituted section 44 from 01/08/2021: refer Note 3]
(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: [section 44 renumbered as sub-section (1) with two provisos from 01/10/2023: refer Note 4]
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: [first proviso of sub-section (1) from 01/10/2023: refer Note 4]
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. [second proviso of sub-section (1) from 01/10/2023: refer Note 4]
(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: [sub-section (2) inserted with proviso from 01/10/2023: refer Note 4]
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. [sub-section (2) inserted with proviso from 01/10/2023: refer Note 4]
| Note: CBEC notifies 01/07/2017 as the commencement date vide Notification 9/2017. |
Amendments History:
1. Explanation inserted after sub-section (2) vide ROD Order 1/2018, effective from 11/12/2018.
1A. The text “31st March, 2019” in the explanation to sub-section (2) substituted with the text “30th June, 2019” from 31/12/2018 vide ROD Order 3/2018. Again the text “30th June, 2019” substituted with the text “31st August, 2019” from 28/06/2019 vide ROD Order 6/2019. Once again the text “31st August, 2019” substituted with the text “30th November, 2019” from 26/08/2019 vide ROD Order 7/2019.
1B. Explanation to sub-section (2) substituted from 14/11/2019 vide ROD Order 8/2019 dt. 14/11/2019.
1C. The text “31st December, 2019” in explanation to sub-section (2) substituted with the text “31st January, 2020” from 26/12/2019 vide ROD Order 10/2019 dated 26/12/2019.
2. First and second Proviso to sub-section (1) inserted vide section 98 of the Finance Act, 2019, followed with Notification 1/2020 on commencement date of 01/01/2020.
3. Section 44 substituted vide Section 111 of the Finance Act 2021, applicable w.e.f. 01/08/2021 as per Notification 29/2021 dated 30/07/2021. Text of section 44 before substitution:
Section 44 of CGST Act 2017: Annual Return (CHAPTER IX – RETURNS) [section 44 substituted from 01/08/2021: refer Note 3]
(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: [first proviso inserted from 01/01/2020: refer Note 2]
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. [second proviso inserted from 01/01/2020: refer Note 2]
(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.
Explanation.- For the purposes of this section, it is hereby declared that the annual return for the period from the 1st July, 2017 to the 31st March, 2018 shall be furnished on or before the 31st March, 2019 30th November, 2019 [text substituted from 31/03/2019 to 30/06/2019 effective 31/12/2018; from 30/06/2019 to 31/08/2019 effective 28/06/2019 & from 31/08/2019 to 30/11/2019 effective 26/08/2019: refer Note 1A]. [explanation inserted from 11/12/2018: refer Note 1/ explanation substituted from 14/11/2019: refer Note 1B]
Explanation.- For the purposes of this section, it is hereby declared that the annual return for the period from the 1st July, 2017 to the 31st March, 2018 shall be furnished on or before the 31st December, 2019 31st January, 2020 [text substituted from 26/12/2019: refer Note 1C] and the annual return for the period from the 1st April, 2018 to the 31st March, 2019 shall be furnished on or before the 31st March, 2020. [substituted explanation from 14/11/2019: refer Note 1B]
4. Section 44 renumbered as sub-section (1) and sub-section (2) inserted thereafter, vide the Finance Act, 2023, followed with 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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| CGST Act 2017: Last updated 15/02/2024 |
| The CGST Act 2017 has been notified vide GOI Notification dated 12/04/2017, which has subsequently been amended through the 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/Act 2020, Finance Act 2021, Finance Act 2022, Finance Act 2023, CGST Amendment Act 2023, CGST Second Amendment Act 2023 & Finance Act, 2024 including various Notifications/Orders issued by the Govt./ CBIC from time to time, relating to the commencement dates of various sections and provisions in the respective CGST/Amendment Acts, wherever required. Information on this page is a section-wise compilation of the amendments to the CGST Act, 2017 made through various notifications issued by CBIC from time to time (upto 15th February, 2024), with the best possible efforts for accuracy. In any case, E&OE. For official or updated information, please visit the CBIC website. |
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