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Compliances under Section 35, 36 & 37 of the GST Act, 2017

Background

Sections 35, 36, and 37 of the GST Act jointly establish the statutory backbone for record-keeping, document retention, and return filing within the GST compliance framework. Section 35 mandates that every registered person maintain true and correct accounts relating to production, inward and outward supplies, stock, input tax credit, and tax payable, enabling auditability and tax traceability. Section 36 complements this by prescribing minimum time limits for preserving books and documents (generally 72 months from the due date of the annual return), ensuring availability of evidence for assessments, appeals, or investigations. Section 37 integrates these records with the reporting system by requiring periodic furnishing of outward supply details, forming the basis for counter-party input tax credit matching. Together, these provisions ensure that the GST system functions on verifiable data, transparent reporting, and enforceable compliance.

Applicability

Sec 35/36: To every registered person

Sec 37: General Taxable Person: Composition Scheme Not Applicable / Not Opted, Not Liable to Collect TCS

Compliance Requirements under the Act in Accordance with the Rules

IFF (Section 37(1))

Every registered person, other than an Input Service Distributor, a non-resident taxable person and a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, subject to such conditions and restrictions and] in such form and manner as may be prescribed, the details of outward supplies of goods or services or both effected during a tax period on or before the tenth day of the month succeeding the said tax period and such details shall, subject to such conditions and restrictions, within such time and in such manner as may be prescribed, be communicated to the recipient of the said supplies.

General Taxable Person who has not opted for Composition Scheme and who is not liable to collect TCS, then GST Return periodicity is dependent on following Attributes –

1. Monthly:

a. If Previous Year’s Turnover is more than Rs 5 Crore

b. If Previous Year’s Turnover is up to Rs 5 Crore but QRMP not opted

1. Quarterly: If Previous Year’s Turnover is up to Rs. 5 Crore and opted for QRMP

QRMP: Quarterly Return Filing Monthly Tax Payment.

IFF to be filed on monthly basis instead of GSTR-1 in case of B2B Sales and opted for QRMP

Category A States: Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union Territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep.

Category B States: Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, the Union Territories of Jammu and Kashmir, Ladakh, Chandigarh and New Delhi.

Maintenance of accounts and other records by registered persons as prescribed (Section 35 & 36, Rule 56)

Every registered person shall keep and maintain, at his principal place of business, a true and correct account of –

1. Production or manufacture of goods;
2. Inward and outward supply of goods or services or both;
3. Stock of goods;
4. Input tax credit availed;
5. Output tax payable and paid; and
6. Such other particulars as may be prescribed.

The books of account or other records are required to be retained until the expiry of 72 months (6 years) from the due date of furnishing of annual return for the year pertaining to such accounts and records.

However, in case of any appeal, revision or any other proceedings, the books of account and other records are required to be retained until one year after final disposal of such appeal, revision or any other proceedings.

Penalty & Punishment

Delay or non-filing of IFF shall result into the supplier not get the input tax credit in the same month.
Section 122(1) (xvi) – Penalty for certain offences. –

Where a taxable person who fails to keep, maintain or retain books of account and other documents in accordance with the provisions of this Act or the rules made thereunder he shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to the tax evaded or the tax not deducted under section 51 or short deducted or deducted but not paid to the Government or tax not collected under section 52 or short collected or collected but not paid to the Government or input tax credit availed of or passed on or distributed irregularly, or the refund claimed fraudulently, whichever is higher.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.

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