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CGST Rules

CGST Rules 2017 — Complete Guide — 164 Rules, 23 Chapters

The CGST Rules, 2017 prescribe detailed procedures for implementing the CGST Act. From registration and invoicing to ITC claims, refunds, and appeals — this guide covers all 23 chapters with focus on the most business-critical rules.

Total Rules
164
Chapters
23
Critical Rules
6 Key
Amendments
30+

Chapter-wise Overview

Chapter I — Preliminary (Rule 1)

Rule 1: Short title, commencement, and application

Defines scope of CGST Rules. Applies to all registered persons and GST administrators.

Chapter II — Composition Rules (Rules 2-7)

Rules 2-7: Intimation, effective date, conditions, validity, withdrawal of composition levy

Composition scheme eligibility: turnover ≤ ₹1.5 Cr (goods), ≤ ₹50L (services). Tax rate: 1% (manufacturers), 5% (restaurants), 6% (others). Cannot collect tax from customers, no ITC allowed.

Chapter III — Registration (Rules 8-26)

Rules 8-26: Application, verification, deemed approval, amendment, cancellation, revocation

Rule 8: Application in REG-01. Rule 9: Verification within 7 working days. Rule 10: Deemed approval if no action in 7 days. Rule 21: Cancellation grounds (6 months no return, registration by fraud). Rule 22: Revocation process. Rule 25: Physical verification requirements.

Chapter IV — Determination of Value (Rules 27-35)

Rules 27-35: Value of supply for related persons, agent, notional interest, second-hand goods

Rule 27: Supply between related persons — value = open market value, or cost + 10%. Rule 28: Supply through agent. Rule 30: Notional interest (free deposits from tenants). Rule 32: Specific valuations for air travel, life insurance, second-hand goods. Rule 35: Value including all incidental expenses.

Chapter V — ITC Rules (Rules 36-45)

Rules 36-45: Conditions for ITC, reversal, blocked credits, ITC on capital goods, job work

Rule 36: Documentary requirements for ITC (tax invoice, debit note). Rule 37: Reversal if supplier not paid within 180 days. Rule 38: Claim of ITC by banking/financial institutions (50% option). Rule 42-43: ITC apportionment for exempt+taxable supplies. Rule 44: Annual return ITC reconciliation.

Chapter VI — Tax Invoice & Records (Rules 46-58)

Rules 46-58: Tax invoice, bill of supply, receipt voucher, payment voucher, refund voucher, e-way bill

Rule 46: Tax invoice must contain 16 prescribed fields. Rule 48: Manner of issuing invoice (original + duplicate + triplicate). Rule 49: Bill of supply (for exempted/composition). Rule 55: Delivery challan (for job work, sale on approval). Rule 138: E-way bill for movement >₹50,000.

Chapter VII — Accounts & Records (Rules 56-58)

Rules 56-58: Maintenance of accounts, records for goods, period of retention

Rule 56: Every registered person must maintain: production/manufacture records, inward/outward supply details, stock register, ITC availed/utilized records. Retention: 72 months from the due date of furnishing annual return. Electronic records acceptable if properly backed up.

Chapter VIII — Returns (Rules 59-84)

Rules 59-84: GSTR-1, GSTR-2A/2B, GSTR-3B, GSTR-4, GSTR-5, GSTR-6, GSTR-7, GSTR-8, GSTR-9/9C

Rule 59: GSTR-1 (outward supplies) by 11th/13th of next month. Rule 61: GSTR-3B (summary + payment) by 20th/22nd/24th. Rule 62: Auto-assessed GSTR-3B if not filed (best judgment). Rule 80: GSTR-9 annual return by Dec 31. Rule 80(3): GSTR-9C reconciliation if turnover > ₹5 Cr.

Chapter IX — Payment of Tax (Rules 85-88)

Rules 85-88: Electronic ledgers, payment by challan, interest, utilization of amount in electronic credit ledger

Rule 85: Electronic cash ledger (deposits/payments), credit ledger (ITC), liability ledger (tax dues). Rule 86A: Restriction on ITC utilization (blocking by Commissioner). Rule 86B: Minimum 1% cash payment if ITC > 99% of output tax. Rule 87: PMT-06 challan for tax payment.

Chapter X — Refund (Rules 89-97)

Rules 89-97: Application, relevant date, grant of provisional/final refund, interest on delayed refund

Rule 89: RFD-01 application. Rule 89(4): Refund of ITC on zero-rated supplies (exports). Rule 89(5): Refund on inverted duty structure. Rule 91: Grant of provisional refund (90% within 7 days). Rule 93: Credit to Consumer Welfare Fund if unjust enrichment.

Chapter XI — Assessment & Audit (Rules 98-103)

Rules 98-103: Self-assessment, provisional assessment, scrutiny of returns, audit by department, special audit

Rule 99: Provisional assessment (when value/rate cannot be determined). Rule 100: Scrutiny of returns — notice in ASMT-10 for discrepancies. Rule 101: Department audit — 15 days notice, completed within 3 months (extendable by 6 months). Rule 102: Special audit — ordered by Commissioner, conducted by CA/CMA.

Chapter XII — Advance Ruling (Rules 103A-107)

Rules 103A-107: Application, procedure, appeal, rectification

Rule 104: Application in ARA-01 with ₹5,000 fee. Questions covered: classification, rate, time/place/value of supply, ITC admissibility, registration requirement. Rule 106: Appeal to Appellate Authority within 30 days. Ruling binding on applicant and jurisdictional officers (but only for the specific applicant).

Chapter XIII — Appeals (Rules 108-116)

Rules 108-116: Appeal to Appellate Authority, Appellate Tribunal, High Court, Supreme Court

Rule 108: First appeal — within 3 months to Appellate Authority. Pre-deposit: 10% of disputed tax. Rule 110: Appeal to Tribunal — within 3 months, pre-deposit 20% (max ₹50 Cr). Rule 113: Appeal to HC on substantial question of law. Rule 116: Rectification of errors.

Critical Rules Every Business Must Know

Rule 36(4)

ITC Restriction Rule

ITC available only to the extent of invoices appearing in GSTR-2B. From January 2025: 100% match required (zero tolerance). Earlier: 110%, then 105%. This means: if your supplier hasn't uploaded invoice → you CANNOT claim ITC. Practical impact: enforce supplier compliance, reconcile GSTR-2A/2B monthly.

Rule 86B

1% Cash Payment Rule

If value of taxable supply (other than exempt and zero-rated) in a month exceeds ₹50 lakh, you must pay minimum 1% output tax in cash (electronic cash ledger). Cannot be 99%+ from ITC. Exceptions: MD/partners have paid >₹1 lakh income tax in each of last 2 years, or registered person has received refund >₹1 lakh in preceding FY.

Rule 86A

ITC Blocking Rule

Commissioner can block ITC in electronic credit ledger if there are 'reasons to believe' that ITC was fraudulently availed. Order in DRC-01A. Blocking valid for 1 year (extendable). Taxpayer can file reply/objection but cannot use blocked ITC until order is withdrawn. Used extensively against fake invoice chains.

Rule 37

180-Day Payment Rule

If you claim ITC on a purchase but don't pay the supplier within 180 days from invoice date: you MUST reverse the ITC claimed. Add back to output tax liability with interest. If you pay later: ITC can be re-claimed. Tracked via GSTR-3B. Practical tip: automate payment tracking against invoices.

Rule 42-43

ITC Apportionment Rule

If you make both taxable and exempt supplies: ITC must be apportioned. Common credit allocated based on turnover ratio. Rule 42: Input/input services apportionment. Rule 43: Capital goods apportionment. Annual reconciliation required in GSTR-9. Reversal for exempt portion mandatory.

Rule 138

E-Way Bill Rule

E-way bill required for movement of goods exceeding ₹50,000 in value (single invoice). Generated on ewaybillgst.gov.in or via SMS/API. Valid for: 100 km/day (regular vehicle), 200 km/day (over-dimensional cargo). Part-A: supply details, Part-B: transport details. Penalties for non-compliance: confiscation + tax + penalty.

CGST Rules FAQs

How many CGST Rules are there?

The CGST Rules, 2017 contain 164 rules organized in 23 chapters. They cover everything from registration (Ch III, Rules 8-26) to refund (Ch X, Rules 89-97) to appeals (Ch XIII, Rules 108-116). Rules are notified by the Central Government under Section 164 of the CGST Act and are regularly amended (30+ amendments since 2017). Key recent amendments: Rule 36(4) ITC restriction tightened, Rule 86B cash payment requirement added, Rule 89 refund formula modified.

What is the difference between CGST Act and CGST Rules?

The CGST Act, 2017 is the primary legislation passed by Parliament. It contains 174 sections covering the legal framework: taxable events, rates, ITC, registration, returns, assessment, offences, penalties, and appeals. The CGST Rules, 2017 are subordinate legislation — they prescribe the detailed procedure for implementing the Act. Example: Act Section 16 says 'ITC available subject to conditions' → Rules 36-45 prescribe the actual conditions, documentation, and reversal procedures. Rules cannot override the Act but can fill in procedural details.

Which CGST Rules are most critical for businesses?

Top 10 rules every business must know: (1) Rule 36(4) — ITC matching/restriction, (2) Rule 86B — 1% cash payment, (3) Rule 86A — ITC blocking, (4) Rule 37 — 180-day payment reversal, (5) Rule 42-43 — ITC apportionment, (6) Rule 138 — E-way bill, (7) Rule 46 — Tax invoice format, (8) Rule 59-61 — GSTR-1 and GSTR-3B filing, (9) Rule 89 — Refund application, (10) Rule 96 — Export refund. Master these and you're covering 90% of compliance requirements.

How often are CGST Rules amended?

CGST Rules are amended frequently — typically 3-5 major amendments per year via notifications. Process: GST Council recommends changes → CBIC issues notification amending specific rules → effective from notified date. Recent major amendments: (1) Rule 36(4): ITC restriction tightened to 100% match (2024), (2) Rule 86B: 1% cash payment rule added (2021), (3) Rule 89: Refund formula modified for inverted duty (2022), (4) Rule 142-161: Demand/recovery rules streamlined (2023). Always check the latest version — a rule from 2017 may have been amended 5+ times.

Where can I find the latest CGST Rules?

Official sources: (1) CBIC website: cbic.gov.in/htdocs-cbec/gst/CGST-rules → provides updated rules with all amendments incorporated, (2) GST Portal: gst.gov.in → Legal → Acts & Rules, (3) Tax information portals (Taxmann, Cleartax) — provide annotated versions with case law. For verification: always cross-check against CBIC's notification-wise amendments. Laabam.One auto-tracks rule changes and updates compliance modules accordingly.

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