Section 61 of the CGST Act, 2017

From the IndiaAuditLens Law Library

GST›CGST Act, 2017›Chapter XII, Assessment

At a glance

Bars, duties and time limits

  • 61(2)If the explanation is acceptable, the person must be informed and no further action taken in that regard.

Procedure, powers and definitions

  • 61(1)The proper officer may scrutinise a return and related particulars, notify discrepancies in the prescribed manner and seek an explanation.
  • 61(3)No satisfactory explanation within thirty days or an allowed extension, or failure to correct an accepted discrepancy in that month’s return, permits action under sections 65, 66 or 67 or determination under section 73, 74 or 74A.
  • 61The law does not settle the scope of “in this regard”; the commencement of the inserted section 74A reference is not stated.

Section 61 permits scrutiny of returns, communication of discrepancies and requests for explanations. An accepted explanation ends further action in that regard; an inadequate response or failure to correct can lead to audit, inspection or determination. The section commenced on 1 July 2017. The inserted section 74A reference is undated, and the reach of the accepted-explanation protection remains unsettled.[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 61, verbatim (show)

Section 61

* Section 61. Scrutiny of returns.-

(1) The proper officer may scrutinize the return and related particulars furnished by the registered person to verify the correctness of the return and inform him of the discrepancies noticed, if any, in such manner as may be prescribed and seek his explanation thereto.

(2) In case the explanation is found acceptable, the registered person shall be informed accordingly and no further action shall be taken in this regard.

(3) In case no satisfactory explanation is furnished within a period of thirty days of being informed by the proper officer or such further period as may be permitted by him or where the registered person, after accepting the discrepancies, fails to take the corrective measure in his return for the month in which the discrepancy is accepted, the proper officer may initiate appropriate action including those under section 65 or section 66 or section 67, or proceed to determine the tax and other dues under section 73 or section 74 1[or section 74A].

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

1. Inserted by section 129 of The Finance Act (No. 2) Act, 2024 No. 15 of 2024 dated 16.08.2024.

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 scrutiny and the discrepancies 61(1)

Questions to answer on the file7 questions
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The explanation found acceptable 61(2)

Questions to answer on the file3 questions
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The failure to explain or to correct 61(3) opening words

Questions to answer on the file9 questions
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The action the proper officer may initiate 61(3) closing words

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Amendment history

The CBIC text carries 2 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 61 as footnoted in the CBIC text
NoteChangeInstrumentEffective from
Enforced the section.—1st July, 2017
1Inserted the words "or section 74A" at the end of sub-section (3).section 129 of The Finance Act (No. 2) Act, 2024, No. 15 of 2024, dated 16.08.2024[2]the source's footnote gives no effective date for the insertion; the date shown is the date of the amending Act
Provisions connected to Section 61
ProvisionConnectionWords that tie them
Rule 99 of the CGST Rules, 2017this provision prescribed by rule 99 of the CGST Rules 201761(1) "inform him of the discrepancies noticed, if any, in such manner as may be prescribed"
Section 6561(3) requires Section 6561(3) "may initiate appropriate action including those under section 65"
Section 6661(3) requires Section 6661(3) "or section 66"
Section 6761(3) requires Section 6761(3) "or section 67"
Section 7361(3) requires Section 7361(3) "proceed to determine the tax and other dues under section 73"
Section 7461(3) requires Section 7461(3) "or section 74"
Section 74A61(3) requires Section 74A61(3) "1[or section 74A]"
Section 39this provision requires Section 3961(1) "scrutinize the return and related particulars furnished by the registered person"
Section 2this provision defined by Section 2 clause (91)s.2(91) "proper officer... means the Commissioner or the officer of the central tax who is assigned that function"

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. 3/03/2017-GST5 July 2017Proper officer relating to provisions other than Registration and Composition under the Central Goods and Services Tax Act, 2017-Reg.

Notifications (1)

NumberDateSubject
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 61 do not answer these questions. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. From what date does the reference to section 74A, inserted into section 61(3) by section 129 and into section 62(1) by section 130 of the Finance (No. 2) Act, 2024, apply? The source's footnotes give the amending Act and its date of 16.08.2024 and no commencement date for either insertion.
  2. How far does "no further action shall be taken in this regard" reach: does it bar only further action on the scrutiny of that return, or also an audit, an inspection or a determination of tax under sections 65 to 67 and 73, 74 or 74A on the same discrepancy? Sub-section (2) fixes no boundary for "in this regard".

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 61. Scrutiny of returns". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 2. Retrieved 17 September 2026.
  2. The Finance Act (No. 2) Act, 2024. Cited in CBIC footnote 1.

External links