Section 45 - Final return
Finin2min Summary - Section in 2 Minutes
Requires a final return within three months of cancellation or cancellation order, whichever is later. Separate from pending periodic returns. Cancellation does not erase past tax, return or record obligations.
Exact operative text
Paragraph-wise decode
Requires a final return within three months of cancellation or cancellation order, whichever is later. Separate from pending periodic returns. Cancellation does not erase past tax, return or record obligations.
Section-Rule-Form-Notification bridge
The mapping is a legal concordance, not a round-robin related-link list. It is limited to instruments certified in this phase.
Practical example
Registration is cancelled on 10 May and order received 20 May; final-return deadline is computed from the later statutory trigger.
Professional alert
Final return does not substitute for stock/ITC reversal under section 29 and rule 44.
Implementation checklist
- Fix the transaction, taxable period and jurisdiction.
- Read every subsection, proviso, explanation and omission marker.
- Open the mapped Rule, form, notification and circular.
- Test State/UT variation and portal version.
- Preserve evidence, approvals, working papers and acknowledgements.
- Record the conclusion, assumptions, source date and reviewer.
Evidence and retention checklist
- Contract, purchase order, invoice or underlying transaction document.
- Registration, return, ledger, challan and portal acknowledgement.
- Official Act/Rule/notification version used and effective date.
- Internal tax position paper, computation and management approval.
- Correspondence, notices, replies, orders and appeal papers where applicable.
Practical Q&A
- What does section 45 regulate?
- It regulates final return. Read the exact text, conditions, exceptions and transaction date together.
- Which subordinate law should be checked?
- Rule 68. Notifications, circulars, forms and the corresponding SGST/UTGST layer may also apply.
- What evidence should be retained?
- Preserve the contract or transaction record, invoice or form, portal acknowledgement, payment/ledger evidence, correspondence, legal working and the official source version used.
- Can portal behaviour override the statute?
- No. Portal functionality is operational evidence; legal entitlement and liability remain controlled by the Act, Rules, notifications and binding decisions.