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Consent based sharing of information furnished by taxable person [ Section 158A Read with rule 163 ] - GST Ready Reckoner - GSTExtract Consent based sharing of information furnished by taxable person ( w.e.f. 01.10.2023 Section 158A and read with rule 163 of CGST Rules) Section 158A(1) provides that the following details furnished by a registered person may be shared by the common portal with such other systems as may be notified by the Government namely (a) particulars furnished in the application for registration under section 25 or in the return filed under section 39 or under section 44 ; (b) the particulars uploaded on the common portal for preparation of invoice, the details of outward supplies furnished under section 37 and the particulars uploaded on the common portal for generation of documents under section 68 ; (c) such other details as may be prescribed. Consent based sharing of information The requesting system [i.e. system referred to in section 158A(1)] shall obtain the consent of the said registered person for sharing of such information and shall communicate the consent along with the details of the tax periods, where applicable, to the common portal. [ Rule 163(1) ] The registered person shall give his consent for sharing of information under rule 163(1)(c) [i.e. FORM GSTR-1, or FORM GSTR-1A] only after he has obtained the consent of all the recipients, to whom he has issued the invoice, credit notes and debit notes during the said tax periods, for sharing such information with the requesting system and where he provides his consent, the consent of such recipients shall be deemed to have been obtained. [ Rule 163(2) ] Consent to be obtained of the supplier the Recipient Section 158A(2) provides for the purposes of sharing details , the consent shall be obtained, of (a) the supplier, in respect of details furnished under clauses (a), (b) and (c) (b) the recipient , in respect of clause (b) (c) only where such details include identity information of the recipient No Action against Government for any subsequent liability with respect to information sharing Section 158A(3) states no action shall lie against the Government or the common portal with respect to any liability arising consequent to information shared under this section and there shall be no impact on the liability to pay tax on the relevant supply or as per the relevant return. Relevant Notification and Circular Notification No. 33/2023- Central Tax dated 31st July 2023 [ w.e.f. 01.10.2023 ] The Central Government, on the recommendations of the Council, hereby notifies Account Aggregator as the systems with which information may be shared by the common portal based on consent under Section 158A of the Central Goods and Services Tax Act, 2017. Explanation: Account Aggregator means a non-financial banking company which undertakes the business of an Account Aggregator in accordance with the policy directions issued by the Reserve Bank of India under section 45JA of the Reserve Bank of India Act, 1934 and defined as such in the Non-Banking Financial Company - Account Aggregator (Reserve Bank) Directions, 2016.
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