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Section 110 & Section 111 of Finance Act, 2021 applicable from 1st August 2021


 



The Notification bearing no. 29/2021 – Central Tax dated 30th July, 2021, issued by the Central Board of Indirect Tax and Customs (CBIC) under section 1(2) Finance Act, 2021, has appointed 1st August 2021 as the date on which Sections 110 & 111 of the Finance Act, 2021 will come into force.


Section 111, Finance Act 2021 substituted the entire provision of Section 44 of the Central Goods & Service Tax Act, 2017 (CGST) that deals with Annual returns with the following :-

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

Further Section 110, Finance Act 2021 has omitted Section 35 of the Act which provided that every registered person shall keep and maintain all records at his principal place of business.


Sources

[1] Central Goods and Service Tax Act, 2017 (CGST) https://www.cbic.gov.in/resources//htdocs-cbec/gst/cgst-act.pdf

[2] Finance Act, 2021 https://egazette.nic.in/WriteReadData/2021/226208.pdf

[3] Notification No. 29/2021- Central Tax dated 30th July, 2021 https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-29-central-tax-english-2021.pdf


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