Sunday, 8 January 2017

Section-38. Matching, reversal and reclaim of reduction in output tax liability

                  Section-38.                   Matching, reversal and reclaim of reduction in output tax liability


(1) The details of every credit note relating to outward supply furnished by a
registered taxable person (hereinafter referred to in this section as the ‘supplier’)
for a tax period shall, in the manner and within the time prescribed, be matched-

(a) with the corresponding reduction in the claim for input tax credit by the
corresponding taxable person (hereinafter referred to in this section as the
‘recipient’) in his valid return for the same tax period or any subsequent tax
period, and

(b) for duplication of claims for reduction in output tax liability.


(2) The claim for reduction in output tax liability by the supplier that matches with
the corresponding reduction in the claim for input tax credit by the recipient shall
be finally accepted and communicated, in the manner as may be prescribed, to
the supplier.


(3) Where the reduction of output tax liability in respect of outward supplies exceeds
the corresponding reduction in the claim for input tax credit or the corresponding
credit note is not declared by the recipient in his valid returns, the discrepancy
shall be communicated to both such persons in the manner as may be
prescribed.


(4) The duplication of claims for reduction in output tax liability shall be
communicated to the supplier in the manner as may be prescribed.


(5) The amount in respect of which any discrepancy is communicated under subsection (3) and which is not rectified by the recipient in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the supplier, in the manner as may be prescribed, in his return for the month succeeding the month in which the discrepancy is communicated.


(6) The amount in respect of any reduction in output tax liability that is found to be
on account of duplication of claims shall be added to the output tax liability of the
supplier in his return for the month in which such duplication is communicated.


(7) The supplier shall be eligible to reduce, from his output tax liability, the amount
added under sub-section (5) if the recipient declares the details of the credit note
in his valid return within the time specified in sub-section (9) of section 34.


(8) A supplier in whose output tax liability any amount has been added under subsection (5) or, as the case may be, under sub-section (6), shall be liable to pay interest at the rate specified under sub-section (1) of section 45 in respect of the amount so added from the date of such claim for reduction in the output tax liability till the corresponding additions are made under the said sub-sections.


(9) Where any reduction in output tax liability is accepted under sub-section (7), the
interest paid under sub-section (8) shall be refunded to the supplier by crediting
the amount in the corresponding head of his electronic cash ledger in the manner
as may be prescribed:

PROVIDED that the amount of interest to be credited in any case shall not exceed
the amount of interest paid by the recipient.


(10) The amount reduced from output tax liability in contravention of the
provision of sub-section (7) shall be added to the output tax liability of the
supplier in his return for the month in which such contravention takes place and
such supplier shall be liable to pay interest on the amount so added at the rate
specified in sub-section (3) of section 45 .

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