Rule 37 of the CGST Rules, 2017

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GST›CGST Rules, 2017›Chapter V, Input Tax Credit

At a glance

Rule 37 requires a registered person who has availed credit to pay or reverse a proportionate amount where supply value and tax remain unpaid to the supplier within the specified period. Reverse charge supplies are excluded. The amount follows the unpaid portion and carries interest under section 50, with reporting in the specified FORM GSTR-3B tax period.[1]

The invoice date starts the one hundred and eighty days used to identify the following reporting period. Separate provisos deem specified Schedule I supply values and section 15(2)(b) additions paid. Subsequent supplier payment supports re-availment, and section 16(4) does not limit the stated re-availment of earlier reversed credit. The law does not settle payment allocation, set-off or partial subsequent settlement.

Sub-rules (1) and (2) were substituted and sub-rule (3) omitted from 1 October 2022. Notification No. 26/2022-CT dated 26 December 2022 inserted the wholly-or-partly, pay-or-reverse and proportionate wording with effect from 1 October 2022. Sub-rule (4) keeps the re-availment of credit reversed earlier outside the section 16(4) time limit.

Text

The text below is the rule 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 Rules as published in the Gazette of India is the legal source.

Rule 37, verbatim (show)

Rule 37. Reversal of input tax credit in the case of non-payment of consideration.-

1[(1) A registered person, who has availed of input tax credit on any inward supply of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, but fails to pay to the supplier thereof, the amount towards the value of such supply 3[whether wholly or partly,] along with the tax payable thereon, within the time limit specified in the second proviso to sub-section(2) of section 16, shall pay 4[or reverse] an amount equal to the input tax credit availed in respect of such supply 5[, proportionate to the amount not paid to the supplier,] along with interest payable thereon under section 50, while furnishing the return in FORM GSTR-3B for the tax period immediately following the period of one hundred and eighty days from the date of the issue of the invoice:

Provided that the value of supplies made without consideration as specified in Schedule I of the said Act shall be deemed to have been paid for the purposes of the second proviso to sub-section (2) of section 16:

Provided further that the value of supplies on account of any amount added in accordance with the provisions of clause (b) of sub-section (2) of section 15 shall be deemed to have been paid for the purposes of the second proviso to sub-section (2) of section 16.

(2) Where the said registered person subsequently makes the payment of the amount towards the value of such supply along with tax payable thereon to the supplier thereof, he shall be entitled to re-avail the input tax credit referred to in sub-rule (1).]

(3) 2[****]

(4)The time limit specified in sub-section (4) of section 16 shall not apply to a claim for re-availing of any credit, in accordance with the provisions of the Act or the provisions of this Chapter, that had been reversed earlier.

1. Substituted (w.e.f. 01.10.2022) vide Notification No. 19/2022 - CT dated 28.09.2022.

2. Omitted (w.e.f. 01.10.2022) vide Notification No. 19/2022 - CT dated 28.09.2022.

3. Inserted (w.e.f. 01.10.2022) vide Notification No. 26/2022-CT dated 26.12.2022.

4. Inserted (w.e.f. 01.10.2022) vide Notification No. 26/2022-CT dated 26.12.2022.

5. Inserted (w.e.f. 01.10.2022) vide Notification No. 26/2022-CT dated 26.12.2022.

Sub-rule (1)

37(1), payment or reversalUnpaid consideration and proportionate amount

shall pay or reverse an amount equal to the input tax credit availed in respect of such supply, proportionate to the amount not paid to the supplier,Rule 37(1), payment or reversal

A registered person who availed credit must pay or reverse it proportionately where supply value and tax are wholly or partly unpaid within the second proviso to section 16(2). Reverse charge supplies are excluded. The amount follows the portion not paid to the supplier.

Questions to answer on the fileNon-payment trigger4 questions
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Questions to answer on the fileProportionate amount to pay or reverse7 questions
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Questions to answer on the fileInvoice clock and reporting period6 questions
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Questions to answer on the fileReferenced interest payment2 questions
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37(1), interestInterest accompanies the amount

shall pay or reverse an amount equal to the input tax credit availed in respect of such supply, proportionate to the amount not paid to the supplier, along with interest payable thereon under section 50Rule 37(1), interest

The recipient must include interest under section 50 with the payment or reversal. The invoice-based reporting period in sub-rule (1) governs when that amount is reported in FORM GSTR-3B.

37(1), reporting periodInvoice clock and return

while furnishing the return in FORM GSTR-3B for the tax period immediately following the period of one hundred and eighty days from the date of the issue of the invoiceRule 37(1), reporting period

Invoice issue starts the one hundred and eighty days. The immediately following tax period identifies the FORM GSTR-3B in which payment or reversal is made.

37(1), first provisoSchedule I deemed value

the value of supplies made without consideration as specified in Schedule I of the said Act shall be deemed to have been paidRule 37(1), first proviso

The deeming covers value of the specified supplies without consideration. It applies for the second proviso to section 16(2) and treats supply value as paid.

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37(1), second provisoSection 15 additions

the value of supplies on account of any amount added in accordance with the provisions of clause (b) of sub-section (2) of section 15 shall be deemed to have been paidRule 37(1), second proviso

The deemed payment covers supply value arising from the specified section 15(2)(b) addition. It applies for the second proviso to section 16(2).

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37(2)Re-availment after payment

Where the said registered person subsequently makes the payment of the amount towards the value of such supply along with tax payable thereon to the supplier thereof, he shall be entitled to re-avail the input tax credit referred to in sub-rule (1).Rule 37(2)

Subsequent payment must be towards supply value and tax to the supplier. The law does not settle the meaning and allocation of payment, including set-off and partial subsequent settlement.

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37(4)Re-availment time-limit exception

shall not apply to a claim for re-availing of any credit, in accordance with the provisions of the Act or the provisions of this Chapter, that had been reversed earlier.Rule 37(4)

The section 16(4) time limit does not apply to a claim to re-avail credit that had been reversed earlier. The words "in accordance with the provisions of the Act or the provisions of this Chapter" may be read with the claim or with the earlier reversal; the sub-rule does not say which.

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Frequently asked questions

Does the rule cover reverse charge supplies?

Supplies on which tax is payable on reverse charge are excluded from sub-rule (1). The non-payment requirement applies to the other inward supplies within its scope.

Rule 37(1)

What happens when only part of the consideration is unpaid?

The recipient must pay or reverse credit proportionate to the amount not paid to the supplier, with interest under section 50. The wording expressly covers failure to pay wholly or partly.

Rule 37(1)

Can set-off or partial later settlement support re-availment?

The law does not settle the meaning and allocation of payment, including set-off and partial subsequent settlement. Sub-rule (2) refers to subsequent payment of supply value and tax to the supplier.

Rule 37(2)

Does section 16(4) limit taking previously reversed credit again?

No. Sub-rule (4) says the section 16(4) time limit does not apply to a claim for re-availing credit that had been reversed earlier.

Rule 37(4)

Amendment history

The CBIC text carries 5 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to Rule 37 as footnoted in the CBIC text
NoteChange
1Substituted (w.e.f. 01.10.2022) vide Notification No. 19/2022 - CT dated 28.09.2022.[2]
2Omitted (w.e.f. 01.10.2022) vide Notification No. 19/2022 - CT dated 28.09.2022.[2]
3Inserted (w.e.f. 01.10.2022) vide Notification No. 26/2022-CT dated 26.12.2022.[3]
4Inserted (w.e.f. 01.10.2022) vide Notification No. 26/2022-CT dated 26.12.2022.[3]
5Inserted (w.e.f. 01.10.2022) vide Notification No. 26/2022-CT dated 26.12.2022.[3]
Provisions connected to Rule 37
ProvisionConnectionWords that tie them
Section 16 of the CGST Act, 2017Section 16 of the CGST Act, 2017 prescribed by this provision16(2) second proviso "in such manner as may be prescribed"
Section 16 of the CGST Act, 2017this provision requires Section 16 of the CGST Act, 201737(1) "second proviso to sub-section(2) of section 16"; 37(4) "sub-section (4)"; 37(4) "section 16"
Section 15 of the CGST Act, 2017this provision defined by Section 15 of the CGST Act, 201737(1) second proviso "the value of supplies on account of any amount added in accordance with the provisions of clause (b) of sub-section (2) of section 15"
Section 50 of the CGST Act, 2017this provision requires Section 50 of the CGST Act, 201737(1) "interest payable thereon under section 50"
Schedule I of the CGST Act, 2017this provision requires Schedule I of the CGST Act, 201737(1) first proviso "the value of supplies made without consideration as specified in Schedule I of the said Act shall be deemed to have been paid"

Circulars and notifications

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

Circulars (3)

NumberDateSubject
Circular No. 170/02/2022-GST6 July 2022Mandatory furnishing of correct and proper information of inter-State supplies and amount of ineligible/blocked Input Tax Credit and reversal thereof in return in FORM GSTR-3B and statement in FORM GSTR-1
Circular No. 105/24/2019-GST28 June 2019Clarification on various doubts related to treatment of secondary or post-sales discounts under GST - reg. withdrawn by a later instrument
Circular No. 7/07/2017-GST1 September 2017System based reconciliation of information furnished in FORM GSTR-1 and FORM GSTR-2 with FORM GSTR-3B - regarding.

Notifications (8)

NumberDateSubject
Notification No. 13/2025-Central Tax17 September 2025Seeks to notify the Central Goods and Services Tax (Third Amendment) Rules 2025.
Notification No. 09/2025-Central Tax11 February 2025Seeks to bring rules 2, 8, 24, 27, 32, 37, 38 of the CGST (Amendment) Rules, 2024 in to force
Notification No. 38/2023-Central Tax4 August 2023Seeks to make amendments (Second Amendment , 2023) to the CGST Rules, 2017.
Notification No. 26/2022-Central Tax26 December 2022Seeks to make fifth amendment (2022) to CGST Rules
Notification No. 19/2022-Central Tax28 September 2022Seeks to make amendments (Second Amendment, 2022) to the CGST Rules, 2017.
Notification No. 74/2018-Central Tax31 December 2018Fourteenth amendment to the CGST Rules, 2017. amended by a later instrument
Notification No. 39/2018-Central Tax4 September 2018Seeks to make amendments (Eighth Amendment, 2018) to the CGST Rules, 2017 amended by a later instrument
Notification No. 26/2018-Central Tax13 June 2018Seeks to make amendments (Fifth Amendment, 2018) to the CGST Rules, 2017.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Rule 37. Reversal of input tax credit in the case of non-payment of consideration". Central Goods and Services Tax Rules, 2017, CBIC tax information portal, with amendment footnotes 1 to 5. Retrieved 17 September 2026.
  2. Notification No. 19/2022-Central Tax, dated 28 September 2022: Seeks to make amendments (Second Amendment, 2022) to the CGST Rules, 2017. Cited in CBIC footnotes 1 and 2.
  3. Notification No. 26/2022-Central Tax, dated 26 December 2022: Seeks to make fifth amendment (2022) to CGST Rules. Cited in CBIC footnotes 3, 4 and 5.

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