Section 46 of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter IX, Returns

At a glance

Bars, duties and time limits

  • 46Failure by a registered person to furnish a section 39, 44 or 45 return requires a notice calling for that return within fifteen days in the prescribed form and manner.

Procedure, powers and definitions

  • 46The law does not settle the starting day for the fifteen-day period.

Section 46 requires a notice where a registered person fails to furnish a return under section 39, 44 or 45. The notice requires the missing return within fifteen days in the prescribed form and manner. Rule 68 supplies the notice procedure. The section commenced on 1 July 2017, but the law does not settle the day from which the fifteen days run.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 46, verbatim (show)

* Section 46. Notice to return defaulters. - Where a registered person fails to furnish a return under section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within fifteen days in such form and manner as may be prescribed.

*Enforced w.e.f. 1st July, 2017.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Scope the section as a whole

Questions to answer on the file1 question
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The failure that lets a notice be issued 46 opening words

Questions to answer on the file2 questions
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The notice 46 middle words

Questions to answer on the file4 questions
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The fifteen days 46 closing words

Questions to answer on the file4 questions
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Amendment history

The CBIC text carries 1 footnote. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 46 as footnoted in the CBIC text
NoteChangeInstrumentEffective from
Enforced the section. There is no later amendment footnote on this section.—1st July, 2017
Provisions connected to Section 46
ProvisionConnectionWords that tie them
Section 39this provision requires Section 3946 "fails to furnish a return under section 39"
Section 44this provision requires Section 4446 "or section 44"
Section 45this provision requires Section 4546 "or section 45"
Rule 68 of the CGST Rules, 2017this provision prescribed by rule 68 of the CGST Rules 201746 "in such form and manner as may be prescribed"

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Circulars (1)

NumberDateSubject
Circular No. 129/48/2019-GST24 December 2019Standard Operating Procedure to be followed in case of non-filers of returns-reg.

Notifications (2)

NumberDateSubject
Notification No. 16/2019-Central Tax29 March 2019Seeks to make Second Amendment (2019) to CGST Rules.
Notification No. 10/2017-Central Tax28 June 2017Seeks to amend CGST Rules notification no 3/2017-Central Tax dt 19.06.2017 amended by a later instrument

Unsettled questions

The words of section 46 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. The section says a notice "shall be issued requiring him to furnish such return within fifteen days" and fixes no day from which the fifteen are counted.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 46. Notice to return defaulters". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.

External links