Issue of Invoice by the Supplier (Sec 31(1) and (2) of CGST act)

04/11/2021 0 By indiafreenotes

Tax Invoice in respect of Goods:

Section 31(1) A registered person supplying taxable goods shall issue a tax invoice.

The invoice shall be issued before or at the time of removal of goods for supply to the recipient.

Where the supply does not involve the movement of goods, the invoice shall be issued when goods made available to the recipient.

Removal”, in relation to goods, means dispatch of the goods for delivery by the supplier or collection of the goods by the recipient.
Proviso to section 31(1) Central/State Government may, on the recommendation of the GST Council, by notification, specify the categories of goods and/or supplies in respect of which the tax invoice shall be issued,

Tax Invoice in respect of Services:

Section 31(2)

 

Rule 47

first proviso to Rule 47

Second proviso to Rule 47

 

 

 

A registered taxable person supplying taxable services shall, before or after the provision of service but within a prescribed period, issue a tax invoice, showing the description, value, the tax charged thereon, and such other particulars as may be prescribed.

Time limit for issuing tax invoice for services

The invoice in case of a taxable supply of services shall be issued within a period of thirty days from the date of the supply of service.

A banking company or a financial institution, or NBFC, can issue an invoice within forty-five days from the date of supply of service.

An insurer/banking company / financial institution, including a non-banking financial company/ Telecom operator, or any other class of supplier of services as may be notified by the Government making taxable supplies of services between distinct persons as specified in Section 25, may issue the invoice before or at the time recording the same in books of account or before the expiry of the quarter during which the supply was made.

Rule 46 Contents of Tax invoice: Tax invoice issued by the registered person in respect of goods and services shall be containing the following particulars:

(a) Name, address, and GSTIN of the Supplier
(b) The tax invoice number shall consist of a consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters- hyphen or dash and slash symbolized as “-” and “/” respectively, and any combination thereof, unique for a financial year.
(c) Date of issue of tax invoice
(d ) Name, address, and GSTIN of the Recipient
(e) Taxable supply of Rs 50000/- or more to the unregistered recipient; Name, address of the recipient, address of delivery, name of State, and its code.
(f) In the case of taxable supply is less than Rs 50000, the above details in tax invoice are required only if the recipient requests it.
(g)

First proviso to Rule 46.

HSN code of goods or Accounting Code of services:

CBI&C can give relaxation in indicating the number of digits of HSN /SAC code for the class of registered persons.

(h) Description of goods or services
(i) Quantity & unit of measurement (in case of goods).
(j) The total value of the supply of goods or services or both
(k) The taxable value of the supply of goods or services or both
(l) Rate of tax (Central Tax, State Tax, Integrated Tax, Union Territory Tax or cess)
(m) Amount of tax charged in respect of taxable goods or services (central tax, State tax, integrated tax, Union territory tax or cess)
(n) Place of supply along with the name of State, provided for penalty up to Rs 25000 in case of failure to mention these details in the tax invoice.
(o) Address of delivery where the same is different from the place of supply [In case of a bill to ship to transactions]
(p) Whether the tax is payable on a reverse charge basis
(q)

Fifth proviso to rule 46

The signature or digital signature of the supplier or his authorized representative

The signature or digital signature of the supplier or his authorized representative shall not be required in the case of issuance of an electronic invoice in accordance with the provisions of the Information Technology Act, 2000.

Sixth proviso to rule 46 The government may specify that tax invoice shall have Quick Response (QR) Code, subject to conditions and restrictions as may be specified

Invoices for Exports or Supplies to SEZ

Third proviso to Rule 46 In the case of exports of goods or services or supplies to SEZ unit or developer, the invoice shall carry an endorsement as follows:

Supply meant for Export/ Supply to SEZ/ SEZ Developer for authorized operation on Payment of Integrated Tax.

or

Supply meant for Export/ Supply to SEZ/ SEZ Developer for authorized operation on Payment of Integrated Tax under Bond or Letter of Undertaking without payment of Tax.

In addition to the other requisite details, the invoice shall contain the name of the Country of Destination.