Section 44 of CGST Act

Annual Return

 

{Enforced w.e.f. 1-7-2017}

 

Section 44 (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:

 

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.

 

{Substituted by the Finance Act, 2021, w.e.f. 1-8-2021}.

 

Prior to its substitution, section 44, amended by the Central Goods and Services Tax (Sixth Removal of Difficulties) Order, 2015 w.e.f. 28-6-2019, Central Goods and Services Tax (Seventh Removal of Difficulties) Order 2019. w.e.f. 26-8-2019, Central Goods and Services Tax (Eighth Removal of Difficulties) Order, 2019 w.e.f. 14-11-2019, Central Goods and Services Tax (Removal of Difficulties) Order, 2014 w.e.f. 11-12-2018, Central Goods and Services Tax (Tenth Removal of Difficulties) Order 2019, w.e.f. 26-12-2019, Central Goods and Services Tax (Third Removal of Difficulties) Order 2018, w.e.f. 31-12-2018 and Finance (No. 2) Act, 2019, w.e.f. 1-1-2020, read as under:

 

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:

 

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.

 

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 January, 2020]69 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.]

 

 

 

Section 44(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:

 

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.]

 

{Inserted by the Finance Act, 2023, w.e.f. 1-10-2023}.