Handbook On Invoicing Under GST
Handbook On Invoicing Under GST
Handbook On Invoicing Under GST
on
Invoicing under GST
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E-mail : gst@icai.in
Price : ` 80/-
ISBN : 978-81-8441-
Date: 28.05.2020
We stand by the Government in our role as “Partner in GST Knowledge Dissemination” and
have always been supporting Government with our intellectual resources, expertise and efforts
to make GST error-free.
We sincerely thank to CA. Atul Kumar Gupta, President and CA. Nihar Niranjan Jambusaria,
Vice-President, ICAI for their encouragement to the initiatives of the GST & Indirect Taxes
Committee. We express our gratitude for the untiring effort of CA. Ashu Dalmia who has
authored this handbook and CA. Madurai Balasubramaniam and CA G Saravanakumar for
reviewing the same. We place on record the services and unstinted support provided by the
Secretariat of the Committee.
We trust this Handbook will be of practical use to all the members of the Institute and other
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and simple tax.
Date: 28.05.2020
Place: New Delhi
vi
Contents
PART-I
1. Introduction ................................................................................................................. 1
2. Tax Invoice ................................................................................................................. 5
3. Bill of Supply ............................................................................................................. 27
4. Invoice Cum Bill of Supply [Rule 46A] ........................................................................ 29
5. Revised Tax Invoice [Rule 53] ................................................................................... 29
6. Amendment in Transaction – Debit Note and Credit Note [Rule 53(1A)] ...................... 31
7. Advance For Supply – Receipt Voucher [Sec 31(3)(D)] .............................................. 36
8. Refund of Advance – Refund Voucher [Sec 31(3)(E)] ................................................. 37
9. Delivery Challan in Special Situations [Rule 55(1)] ..................................................... 38
10. Payment Voucher [Sec 31(3)(G)] ............................................................................... 40
PART-II
1. E-Invoice-Introduction ..................................................................................................... 42
2. E-Invoice-Concept .......................................................................................................... 42
3. E-Invoice - Process ......................................................................................................... 43
4. E-Invoice- IRP and QR Code ........................................................................................... 45
5. E-Invoice - Implementation .............................................................................................. 45
6. E-Invoice – Legal Framework .......................................................................................... 46
7. E-Invoice – QR Code for B2C Invoice .............................................................................. 48
Handbook on Invoicing under GST
PART-I
1. Introduction
1.1 GST is a document based regime. Every transaction should be supported by at least
one of the documents specified in GST law. The term ‘invoice’ was synonymously referred as
tax invoice in GST law and was also defined as such. In case any supply is done without
creating the requisite document, it may lead to penalty and prosecution under sections 122
and 132 respectively of the CGST Act. The term ‘Invoice’ is a broader term and includes other
documents viz. debit note, credit note, revised invoice, receipt voucher, payment voucher and
delivery challan apart from tax invoice.
The tax invoice is the basic document for the movement of goods, supply of taxable goods or
services or both and also for claiming of Input Tax Credit on receipt of relevant goods or
services or claiming of refunds of tax so paid or ITC availed and utilised. Registered persons
are required to issue I invoice containing the information as prescribed in CGST Act and
CGST Rules.
• Tax invoice is the document issued by a registered person to effect taxable supply of
goods or services or both
• In case there is some amendment in supply transaction then either debit note or credit
note is raised
• Revised tax invoice is permitted to be used only for limited time period in case of new
registration
• In case of exempted supply and supply by composition dealer, bill of supply is issued
• In case there is a transaction otherwise than by supply, then in such specified situations
delivery challan is issued
• In case any advance is received for future supply, then receipt voucher is issued
• in case of refund of advance so received, refund voucher is issued
• When a registered person makes a payment to suppliers whose supplies are covered
under reverse charge mechanism under sub-section (3) or (4) to section 9, then
payment voucher is issued.
An e-way bill is required for movement of goods in specific situations and it should be
accompanied with any one of the following documents:
• Tax Invoice
• Bill of Supply
Handbook on Invoicing under GST
S. Transaction Document
No.
1. Taxable supply other than composition dealer and Tax Invoice
Input Service Distributor (ISD)
2. Tax distribution by ISD ISD Invoice
3. Exempted Supply Bill of Supply
4. Supplier of goods opted for Composition Bill of Supply
5. Registered persons opting for composition scheme Bill of Supply
under section 10(2A) / concessional rate of tax under
Notification No.2/2019 - Central Tax (Rate)
6. Supply of both Taxable and exempted goods and Invoice-cum-Bill of Supply
services to an unregistered person in a single Invoice
7. Amendment in Transaction Debit Note/Credit Note
8. Advance received for Supply Receipt voucher
9. Refund of Advance where Tax invoice is not issued Refund Voucher
10. Payment by registered person to suppliers whose Payment Voucher
supplies are covered under reverse charge
mechanism under. sub-section (3) or (4) to section 9
11. Specific Transactions like job-work, stock transfer, Delivery Challan
movement of goods for exhibition etc.,
Reformation of tax invoice in the form of e-invoice has also been brought in picture and
registered person having aggregate turnover of more than ` 100 crores will be required to
issue e-invoice for supply of goods or services or both with effect from 1st October 2020.
Tax invoice and other documents will become more relevant in audit and assessment
proceedings to substantiate underlying transactions.
This Handbook has been written with following objectives: -
• To understand the type of documents specified in the law.
• To understand what document to be issued in which situation.
• To understand what is to be prescribed in the documents.
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• Credit Note: Every registered person may issue credit note to the recipient, where the
taxable value or tax charged in the tax invoice is found to exceed the taxable value or
tax payable in respect of any supply, or where the goods are returned or where goods
or services or both are found to be deficient. The credit note should contain the
particulars as specified in rule 53 of CGST Rules.
• Delivery Chillan: In case there is movement of goods for the following reasons, and no
tax invoice/debit note/credit note/bill of supply is being issued then delivery challah can
be issued for such situations:
♦ supply of liquid gas where the quantity at the time of removal from the place of
business of the supplier is not known,
♦ transportation of goods for job work,
♦ transportation of goods for reasons other than by way of supply,
♦ transportation of goods in a semi-knocked down or completely knocked down
condition in batches or lots or
♦ such other supplies as may be notified by the Board,
Delivery challah should contain the particulars as specified in rule 55 of CGST Rules.
1.3 Following Table gives a summary of legal provisions related to various documents:
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Now we shall discuss in detail the various provisions related to the aforesaid documents.
2. Tax Invoice
One of the basic canons of indirect tax law is time of supply. Time of the supply is the point
when the taxable event triggers the liability to pay tax on the taxable person. Issue of tax
invoice is one of the factors to determine the time of supply. There are separate provisions for
issue of tax invoice for goods as well as for services. Though GST law is applicable both for
goods and services, there are fundamental differences in timing, content, and manner of
raising tax invoice for goods as well as for services. Fundamentally following steps must be
undertaken before raising of tax invoice so that there is no conceptual error and consequential
penal actions can be avoided for such errors:
1. Determine whether the transaction undertaken is supply.
2. Whether such supply is taxable or exempted.
3. If such supply consists of single supply or more than one supply.
4. If it is more than one supply whether it is composite or mixed supply.
5. Whether it is supply of goods or services.
Now we shall discuss various aspects with respect to issue of tax invoice for goods and
services under following headings:
2.1 Time limit to issue tax invoice for both goods and services and its impact on time of
supply.
2.2 Manner of issuing tax invoice for both goods and services.
2.3 Tax invoice and ITC.
2.4 Content required on tax invoice covering few specific transactions viz. Exports, SEZ
supply, ISD invoice, Banks, GTA and Passenger Transport Services and exhibition of
Cinematographic Film services.
2.5 Signature requirements on tax invoice
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However it may be noted that, there is no liability for a registered person, to pay tax against
receipt of advance payment for supply of goods with effect from 15 Nov 2017 vide Notification
No. 66/2017-CT dated 15.11.2017, as it is not considered as time of supply as per Sec 12 of
CGST Act
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When Date cannot be determined as above then “Date of Entry in books of account of
the recipient of services.”
Tax Invoice is one of the important parameter to determine the time of supply. Section 31 of
the CGST Act read with Rule 47 of CGST Rules, deals with the timing for issue of invoice for
goods and services. There are different rules for issue of invoice for goods and services.
Further there can be different scenarios for supply of goods or services.
2.1.1 Tax Invoice-Time to Issue for Goods
Time to issue invoice for supply of taxable goods will be as follows:
(A) General Rule: [Sec 31(1)]
• Before or at the time of removal of goods where supply involves movement of goods or
• Before or at the time of delivery of goods or making available to the recipient where
supply does not involve movement of goods.
‘Removal’ here means the movement of goods arises only at the time of supply and not
otherwise.
As per Section 2(96) of the CGST Act, ‘removal of goods’ means, when goods are:
• dispatched by supplier or any person acting in his behalf
• collected by recipient or any person acting in his behalf
Export of goods involves movement of goods and thus tax invoice should be raised before or
at the time of removal of goods.
The phrase “delivery” is not defined in GST Law, but as per Sale of Goods Act, 1930, ‘delivery’
means a voluntary transfer of possession from one person to another. Mere possession of
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goods does not amount to delivery of goods. Thus delivery may be in the form of physical or
symbolic or constructive.
Example 1: Mr. A of Kolkata is a dealer of Mobile phones, supplied 10,000 mobiles to Mr. C of
Delhi on 15th February. Mr. C gave order for mobile phones on 01st February and on that day
Mr. A agreed to deliver mobiles by 17th February. What will be the date as per GST provisions
for issuance of invoice?
Answer: As per the general rule mentioned above, invoice must be issued on or before or at
the time of removal of goods in case of movement. Hence, invoice must be issued on 15th
February the date when the mobile phones were dispatched for delivery.
(B) Continuous Supply of Goods: [Sec 31(4)]
In case of continuous supply of goods, where successive statements of accounts or
successive payments are involved, the invoice shall be issued earliest of the following time:
• when each statement is issued,
• when each such payment is received.
As per section 2(32) of the CGST Act, ‘continuous supply of goods’ means:
Supply of goods which is provided or will be provided:
• continuously or on recurrent basis
• under a contract
• it may or may not be by means of a wire, cable, pipeline or other conduit
• the supplier sends invoice to the recipient on regular or a periodic basis as notified
Examples for Continuous supply of goods
XYZ Construction Company regularly receives river sand and bricks from its suppliers.
Successive statements of accounts are issued by the suppliers fortnightly. Invoice is to be
raised before or at the time of issuance of statement of accounts by the suppliers.
Other examples are supply of river sand, bricks and other materials for construction work,
regular supply of water cans to business premises, continuous supply of printing and
stationary to business places etc., where in successive statement of accounts are issued on
weekly or fortnightly basis.
(C) Goods Sent on Approval for Sale or Return [Sec 31(7)]
In case goods are sent on approval basis for sale or return, the tax invoice shall be issued at
the earliest of the following:
• Time when it becomes known that supply has taken place, or
• Six months from the date of removal.
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Rule 55(1)(c) of CGST Rules provides that the supplier shall issue a delivery challan for the
initial transportation of goods where such transaction is for reasons other than by way of
supply. Also, Rule 55(4) of CGST rules permits the supplier of goods to issue invoice after
delivery of goods in case he is not able to raise the invoice at the time of supply.
As per Circular No. 10/10/2017 dated 18-10-2017, goods which are sent on approval basis
can be moved on delivery challan along with e-way bill wherever applicable and the invoice
can be issued at the time of delivery of goods. Hence, the person delivering the goods can
carry invoice book with him to issue invoice as and when the supply is fructified.
(D) Tax Invoice by Recipient of supply of goods-Reverse Charge [Sec 31(3)(f)]
As per Section 2(98) of the CGST Act “reverse charge” means when the liability to pay tax is
on recipient of goods or services or both, instead of the supplier, it is covered under:
• Sec.9(3) or Sec.9(4) of CGST Act
• Sec.5(3) or Sec.5(4) of IGST Act
The supplier, of such goods on which the recipient is liable to pay tax under RCM, may be,
either registered or unregistered under GST. In case of registered supplier, the tax invoice is
to be issued by the supplier even though his supplies are covered by reverse charge
mechanism under section 9(3). While issuing invoice, as per Rule 46(p) of CGST Rules, he
has to specifically mention the fact that the said supply is covered by reverse charge
mechanism. However tax invoice needs to be issued by the recipient in case the supplier is
not registered in GST whether supplies are covered by section 9(3) or 9(4) and the time limit
for raising such tax invoice by the recipient shall be on the date of receipt of goods. Such tax
invoices raised by the recipient are popularly called as “Self-generated Tax Invoice”.
In terms of the Second Proviso to rule 46, the above invoice may be issued on a consolidated
basis at the end of the month covering all supplies received under section 9(4).
Document for the purpose of taking ITC in case of RCM supplies
When supply is received from unregistered person subject to RCM then the recipient would
take ITC based on invoice (self-tax invoice) issued under rule 36(1)(b). However if the supply
is received from registered person subject to RCM then the recipient would take ITC based on
invoice issued by the supplier under rule 36(1)(a).
M/s. ABC Ltd. has availed service of transportation of goods from a GTA who has GST RC. In
this case GTA would issue tax invoice and M/s. ABC ltd shall not issue invoice (self-tax
invoice) unlike mentioned in previous example. ITC shall be taken based on invoice issued by
GTA as per Rule 36(1)(b).
In case recipient issues tax invoice for RCM, time of supply is not directly linked with date of
tax invoice but it is linked with date of receipt of goods or date of payment entered in the
books of account by the recipient.
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In case tax is paid under reverse charge, the time of supply of goods shall be earlier of the
following dates:
• Date of receipt of goods or
• Date of payment as entered in the books of recipient or date of debit in bank account of
the recipient or
• 31st day from the date of issue of invoice or any other document by supplier
However, when time of supply of goods cannot be determined as above the date of entry in
books of accounts of the recipient of supply shall become the time of supply.
(E) Issue of Delivery Challan
In case of movement of Goods for Job Work: [Rule 55(1)(b)]
In case of job work, as provided in Section143 of the CGST Act, if a registered person sends
any inputs or capital goods, without payment of tax, to a job worker for job work and from
there subsequently send to another job worker, they have to comply with the following
conditions:
• Such registered person has to bring back inputs within a period of one year or capital
goods within a period of three years after completion of job work to any of his place of
business.
In case the principal wants to send the processed inputs within one year from the date of
dispatch or capital goods within 3 years from the date of dispatch from the premises of job
worker, then he has to ensure that the job worker is a registered person. In case he is
unregistered, the principal can supply the goods within India on payment of taxes or for export
with or without payment of taxes from the premises of job worker only after including job
worker’s premises as his (principal’s) place of business.
In case of movement of goods between the principal and the job worker and vice versa since
such movement is otherwise than by supply, the parties involved shall move goods by way of
delivery challan as provided in Rule 55(1) of CGST Rules.
As per Circular 38/12/2018 dated 26-03-2018, the principal shall issue a tax invoice on expiry
of three years / one year and should declare such supplies in the return filed for the month in
which the time when the period of three years / one year gets expired. But interest has to be
paid from the date on which such inputs or capital goods were initially sent for Job work.
(F) Tax Invoice by Artist - [Rule 55 (1)(c)]
In the course of supply of art work by an Artist who being a registered person as a general
trade practice will either supply such art work on approval basis or through a gallery by
exhibiting the same in such gallery. At the initial movement of such art work being goods, tax
invoice cannot be issued but instead delivery challan as provided in Rule 55(1) (c) may be
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issued. Detailed guidelines were provided in Circular No. 22/2017 dated 21-12-2017 which
areas under:
• Art work for supply on approval basis can be moved from the place of business of the
registered person (artist) to another place within the same State or to a place outside
the State on a delivery challan along with the e-waybill wherever applicable and the
invoice may be issued at the time of actual supply of art work.
• In case of supply by artists through galleries, there is no consideration flowing from the
gallery to the artist when the art works are sent to the gallery for exhibition and
therefore, the same is not a supply, and hence such art works will be moved on a
delivery challan as provided above. It is only when the buyer selects a particular artwork
displayed at the gallery, that the actual supply takes place and applicable GST would be
payable at the time of such supply, hence tax invoice will be issued only at that time.
2.1.2 Issue of Tax Invoice for Services -Time limit
(A) General Rule:
A taxable person supplying services can issue an invoice before or after the provision of
services within the time prescribed in Sec 31 of CGST Act read with Rule 47 of CGST Rules.
As per rule 47 the prescribed time limit for issuing the invoices is 30 days from the date of
supply of services, except in the case of services supplied by an insurer or a banking company
or a financial institution including a non-banking financial company or a telecom operator.
The Government may by Notifications specify certain categories of services in respect of
which any other documents which is issued for supply of services shall be deemed to be the
tax invoice or categories of services for which tax invoice need not be issued even in case of
supply of services. Instances of such services are discussed in detail in the later part of this
Handbook.
(B) Issuance of Tax invoice in case of continuous supply of services
“Continuous supply of services” means –
• Supply of services which is provided or agreed to be provided continuously or on
recurrent basis,
• under a Contract
• for a period exceeding 3 months
• with periodic payment obligations as mentioned in the contract, and
• includes other supply of services as notified
In case of continuous supply of services, issuance of tax invoice is dependent upon the nature
of contract and other terms and conditions in contract viz., due date of payment, actual date of
payment and completion of such event which is the billing mile stone. Thus tax invoice in case
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However in case of unregistered Supplier, the tax invoice needs to be generated by the
recipient which is popularly called as “self-generated tax invoice”. Time limit for generating
such invoice by the recipient shall be the date of receipt of services.
In terms of the Second Proviso to rule 46, the above invoice may be issued on a consolidated
basis at the end of the month covering all supplies received under section 9(4).
In case the recipient issues self-generated tax invoice for RCM, the time of supply is not
directly linked with date of tax invoice issued by the supplier, but it is linked with other dates
mentioned below. Thus, in case tax is paid under Reverse charge, time of supply of services
will be earlier of the following dates:
• Date on which payment entered in books of accounts of recipient of service or
• Date on which payment is debited in bank accounts of recipient of service or
• Date following 60 days (61st day) from the date of issue of invoice by supplier.
However, when the date cannot be determined as above, then the residual option would be
the date of entry in books of account of the recipient of service shall become the time of
supply.
If the supplier of service happens to be an ‘associated enterprise’ in terms of section 92A of
the Income Tax Act, the time of supply will be earliest of the following:
• Date of entry in the books of accounts of the recipient, or
• Date of payment
(D) Tax Invoice for incomplete services due to Cessation: [Sec 31(6)]
In a case where the supply of services ceases under a contract before the completion of the
supply of such service, the invoice shall be issued at the time when the supply ceases and
such invoice shall be issued to the extent of the supply made before such cessation. Due tax
on such services shall also be remitted.
(E) Tax Invoice for Banking and Insurance Company: [Proviso to Rule 47]
In case the supplier of services is an insurer or a banking company or a financial institution,
including a non-banking financial company, the time limit for issue of tax invoice for such
services shall be 45 days from the date of supply of such service.
In case the above insurance company or a banking company or a financial institution or a non-
banking financial company or a telecom operator or any other notified class of supplier of
services are engaged in supply of taxable services in the capacity of distinct persons as
provided in Sec 25 of CGST Act, then the time limit for issue of such services shall be the date
on which such services are entered in the books of accounts of the supplier or before the
quarter in which such supply was made.
For example, M/s. Bharath Sanchar Nigam Limited, Telangana has raised an invoice against
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M/s. Bharat Sanchar Nigam Limited, Tamil Nadu for SMS services provided to the customers
in Tamil Nadu.
2.1.3 Facility of digital payment to recipient: [Sec 31A]
With effect from 1st January 2020, the Government on the recommendation of the Council is
empowered to prescribe a class of registered person who shall provide prescribed modes of
electronic payment to the recipient of supply of goods or services or both made by him and
gives option to such recipient to make payment accordingly as may be prescribed in rules.
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ensuing paragraphs. Thus, it is important to ensure that the tax invoice and other documents
contain all particulars specified in law. In the absence of any particular, the recipient of supply
may suffer due to denial of ITC and consequential interest and penalty as specified in Sec 50,
Sec 122 and Sec 132 of CGST Act. It must also be noted that demand against such denial can
be raised within 3 or 5 years under Sec 73 or Sec 74 from the due date of filing of annual
return.
However, w.e.f. 4th September 2018, one relaxation has been given. Even where the
particulars as mandated in Rule 46 are not available, ITC may be availed based on the
information contained in following fields in the tax invoice:
• details of the amount of tax charged,
• description of goods or services,
• total value of supply of goods or services or both,
• GSTIN of the supplier and recipient and
• place of supply in case of inter-State supply,
Despite such relaxation, it is advisable to have all contents as required in Rule 46or Rule53 to
avoid litigation which may result in cash loss.
Section 17(5)(i) of the CGST Act restricts the registered person to avail input tax credit in case
tax has been paid under Section 74 or Section 129 or Section 130. In consonance with this
provision, rule 53(3) of CGST rules provides that any invoice or debit note issued in pursuance
of any tax payable in accordance with the provisions of section 74 or section 129 or section
130 shall prominently contain the words ― INPUT TAX CREDIT NOT ADMISSIBLE.
Thus for the purpose of the entitlement of ITC the registered person shall possess various
documents in the form of tax invoice, debit note, bill of entry, etc. as those document are
prima facie evidence for availment of such ITC.
2.4 Content Required on Tax Invoice
Content required on tax invoice covering few specific transactions viz. Exports, SEZ
supply, ISD invoice, Banks, GTA, Passenger Transport Services and services by way of
admission to exhibition of cinematograph films to multiplex or other screen
GST laws do not prescribe the format of tax invoice. Rather CGST/SGST rules prescribe for
the content of invoice. Exports, SEZ supply, ISD invoice, Banks, GTA, passenger transport
services and services by way of admission to exhibition of cinematograph films to multiplex or
other screen are some of the specific transactions requiring mention in the tax invoice.
Following is the summary of relevant CSGT rules pertaining to Content of tax invoice:
Rule No. Rule
46 Tax invoice
54 Tax invoice in special cases
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In case of voluminous B2C supplies like big malls, super markets, textile shops, it may not be
practically possible to issue tax invoice with all the contents as specified in Rule 46. Hence, it
is provided in Rule 46(f) that wherever the recipient has not specifically requested, tax invoice
may be issued without mentioning the name, address of the recipient and place of delivery
along with name of the State and its code provided value of the taxable supply is less than fifty
thousand rupees.
Following types of suppliers are entitled to issue a consolidated tax invoice for the supply of
services made during a month at the end of the month, with or without a serial number and
with or without address of the recipient of taxable service. The option is given to these
suppliers to exclude serial number and address of the recipient only and other fields as
required in Rule 46 are mandatory.
• Iinsurance company
• Banking company
• Financial institution including a Non-banking financial company
2.4.2 When tax invoice is issued by an exporter or supplier to SEZ unit then
invoice should have the additional information
In case of domestic supply option of not mentioning the name and address of the recipient and
address of delivery for supplies less than fifty thousand rupees is given to supplier. However,
in case of an exporter and supply to SEZ units or developer for authorized operations, this
option is not available. Irrespective of value of supply, the exporter has to mention these
details.
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2.4.3 When tax invoice is issued by an Input Service Distributor (ISD) then
invoice should have the following information – [Rule 54(1)]
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Following are the required particulars on invoice/debit note/credit for transfer of common input
tax credit:
The supplier of taxable service being banking company or a financial institution including a
non-banking financial company shall issue a consolidated tax invoice at the end of the month
whether physically or electronically with respect to the supply of services made during the
month.
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2.4.5 Contents of tax invoice issued by a Goods Transport Agency [Rule 54(3)]
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The supplier of such services has to issue only the electronic ticket and such electronic ticket
shall be deemed to be the tax invoice.
2.5 Signature on Tax Invoice and Other Documents
Initially there were two methods of authenticating the invoice i.e. (i) actual signature on the
invoice and (ii) signing the document with the digital signature either by supplier or his
authorised representative. However with effect from 31st Dec, 2018 electronic invoice issued
in accordance with provisions of The Information Technology Act, 2000 has also been
allowed. Instead of traditional or actual signature or digital signature, a tax payer may use
electronic signature in the tax invoice in terms of section 3A of the Information Technology
(Amendment) Act, 2008. As per the said Act, an electronic signature means authentication of
any electronic record by a subscriber by means of the electronic technique specified in the
Second Schedule and includes a Digital signature.
As per section 3A (2) of the Information Technology Act, an electronic signature shall be
considered reliable if it fulfils following requirements:
• the signature creation data or the authentication data are, within the context in which
they are used, linked to the signatory or , as the case may be, the authenticator and of
no other person
• the signature creation data or the authentication data were, at the time of signing, under
the control of the signatory or, as the case may be, the authenticator and of no other
person
• any alteration to the electronic signature made after affixing such signature is
detectable
• any alteration to the information made after its authentication by electronic signature is
detectable
• such other conditions which may be prescribed
The following Table sets out the documents and how they need to be signed:
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Intra State
WOPAY
There is also a requirement to furnish invoice wise details of outward supply in GSTR-1
according to the categorisation mentioned in the above chart. Details of documents issued
with respect to series of invoice number, credit note, debit note, refund voucher, etc. has to be
furnished in Table 13 of GSTR 1. Hence, the accounting system needs to be configured in
such a way that details can be extracted easily for filing the return.
Also, in the newly introduced Return ANX-1 which is likely to be introduced from 01-10-2020
the following details are required for outward supply:
• Table 3A - B2C Supplies (Net of debit/credit notes)
• Table 3B - B2B Supplies made to registered persons
• Table 3C - Exports with Payment of Tax
• Table 3D - Exports without Payment of Tax
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2.8 Tax Invoice and Bill of Supply If Value of Supply Less Than`200
2.8.1 Tax Invoice- Value of Supply less than`200 [Sec 31(3)(b)]
A registered person may not issue tax invoice if the value of supply is less than` 200 and
subject to the following conditions:
• Recipient is not a registered person
• Recipient does not require such invoice
However, a consolidated tax invoice for such supplies shall be issued at the close of each day
in respect of all such supplies.
However, this relief is not available in case of supply of services by way of admission to
exhibition of cinematograph films in multiplex screens.
2.8.2 Bill of Supply- Supply less than`200 [Sec 31(3)(c)]
A registered person may not issue bill of supply if the value of supply is less than` 200 and
subject to the following conditions:
• Recipient is not a registered person
• Recipient does not require such invoice
However, a consolidated tax invoice for such supplies shall be issued at the close of each day
in respect of all such supplies.
2.9 Tax Invoice- Offences and Penalty
As per Sec.122 of CGST Act, following are the offences related to tax invoice:
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1. Supplies any goods or services or both without any invoice. Example – Non-accounting
of supply transactions
2. Issues a false invoice for supply of any goods or services or both. Example – Product X
is taxed at 18% and Product Y is taxed at 5%. A supplier issues invoice mentioning
supply of product Y whereas he actually supplies product X.
3. Issues any invoice or bill without supply of goods or services or both in violation of the
provisions of GST Act or Rules. Example – Fake bill transactions.
4. Issues any invoice or document using the registration number of another Registered
person. Example – Mr. A actually supplies goods to Mr. B. However Mr. A invoices Mr.
C though he has not purchased from Mr. A. Mr. B does not account this transaction and
Mr. C takes input tax credit without receipt of goods. Here, all the three are subject to
penalty and prosecution provisions of section 122 and 132 respectively.
The offending Taxable person is liable for penalty as under:
Further as per Sec 122(3) any person who aids or abets any of the offences specified as
above with respect to issue of invoice or fails to issue invoice in accordance with the
provisions of the GST Act or Rules, then such person is liable to a penalty of`25,000/.
With effect from 27th March, 2020 sub-section (1A) has been inserted in section 122 by
Finance Act 2020, according to which any person who retains the benefit of above
transactions shall also be liable to a penalty equivalent to tax evaded.
Punishment for certain Offences relating to Invoice: [Sec 132]
Any person who commits or causes to commit and retain the benefits arising out of following
offences shall be liable with a punishment which may extend to fine and prosecution:
• Supplies any goods or services or both without issue of any invoice in violation of the
provisions of the GST Act / Rules with the intention to evade tax
• Issues any invoice without supply of goods or services or both in violation of the
provisions of the GST Act / Rules leading to wrong availment or utilization of Input Tax
Credit or refund of tax
• Avails fraudulently Input tax credit without any invoice or availed input tax credit based
on the invoice issued in violation of the provisions of the GST Act / Rules
Punishment for the above Offences in the nature of tax evaded or ITC wrongly availed or
utilized or refund wrongly taken will be as under:
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3. Bill of Supply
Bill of supply is a document that is issued in lieu of tax invoice in the following instances:
(a) Registered person supplying exempt goods or services or both.
(b) Registered person who has opted to pay tax under composition scheme under section
10 of the CGST Act is required to issue bill of supply.
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(c) Registered person opting to pay tax under composition scheme under Notification
No.2/2019 - Central Tax (Rate) dated 07.03.2019
Provisions related to time of issue of bill of supply and its authentication by way of signature
are same as of tax invoice and has already been explained in paras 2.1 & 2.5 above.
Since section 31(3)(c) uses the word ‘registered person’, any person who is not registered and
supplies wholly exempted goods or services, is not required to issue bill of supply.
Example: Mr Ravi wants to convert his GST registration into the composition scheme in FY
2020-21. In the Financial Year 2019-20, he was under regular scheme. He opted for
composition scheme for FY 2020-21. Is Mr. Ravi liable to issue tax invoice in FY 2020-21?
Answer: As per the provision mentioned above, Mr. Ravi has entered into a composition
scheme in the FY 2020-21 and hence he is now liable to issue bill of supply instead of tax
invoice.
Rule 49 specifies the details for bill of supply. Following details should be available in bill of
supply:
3.1 Contents of Bill of Supply– [Rule – 49]
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All other rules as applicable to tax invoice as per Rule 46 shall apply to bill of supply also.
Further, if the bill of supply is issued electronically then signature or digital signature of the
supplier or his authorised representative is not required
However, in terms of Notification No 31/2019-Central Tax dated 28-06-2019 w.e.f. a date to be
notified bill of supply should contain dynamic QR code. This has been discussed in detail
under the heading ‘E-invoicing'.
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In case of inter-State supplies, where the value of a supply does not exceed ` 2,50,000, a
consolidated revised invoice may be issued separately in respect of all unregistered recipients
located in a State.
Example: PQR Ltd of Mumbai is a company engaged in business of spare parts of machinery.
They crossed the limit of` 40 lakhs on 03-03-2020. They applied for registration on 15-03-
2020 and got GST registration certificate from department on 22-03-2020. What kind of
document can PQR Ltd issued from the period of 03-03-2020 to 22-03-2020?
Answer: PQR Ltd became liable for registration on 03-03-2020 and as per the law an
applicant shall submit the application for registration within 30days from the date he become
liable for registration. Hence, PQR Ltd become liable on 03-03-2020, has to issue revised tax
invoice in respect of taxable supplies from 03-03-2020 till 22-03-2020, the date he got
registration.
Rule 53 of CGST Rule provides for the contents of revised tax invoice contains the details
required on revised invoice.
5.1 Contents of Revised Tax Invoice [Rule 53(1)]
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The CGST (Amendment) Act 2019 has amended section 34 to issue single debit note linked to
more than one invoice. For instance, taxable value in Invoice nos. 233 and 234 have been
shortly shown by ` 10000 and ` 5000 respectively. Single debit note can be raised for
` 15000, but invoice numbers 233 and 234 shall be mentioned in the debit note.
Despite enactment of the above provision the facility is not yet made available in the portal.
6.2 Credit Note
As per Sec.34(1) credit note shall be issued by the registered person where a tax invoice or
invoices has/have been issued for supply of goods or services or both, in the following
instances
• the value declared in the invoice or invoices is more than the actual value of the goods
or services provided or
• the rate of GST or tax amount charged is at a higher rate than what is applicable the
goods or services supplied or
• the quantity received by the recipient is less than what is mentioned in the tax invoice or
• the goods supplied are returned by the recipient
Then the registered person, who has supplied such goods or services or both, shall issue a
credit note to the recipient.
It must be noted that reduction in value should be within the permitted parameters of section
15 of the CGST Act. Section 15(3) permits reduction in value in the form of discount only in
following two scenarios:
Liability of the taxpayer to pay tax on outward supply reduces in case of issuance of credit
note and corresponding ITC of the recipient of the supply also got reduced.
As per Section 34(2) any registered person who issues a credit note shall declare the details
of such credit note in the return for the month during which such credit note has been issued
but not later than:
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• September following the end of the financial year in which such supply was made or
• the date of furnishing of Annual Return
whichever is earlier, and the tax liability shall be adjusted in prescribed manner.
The CGST (Amendment) Act 2019 has amended section 34 enabling the issue of a single
credit note linked to more than one invoice. For instance, taxable value in Invoice no 233 and
234 have been excessively shown by` 10000 and` 5000 respectively. Single credit note can
be raised for` 15000 but invoice numbers 233 and 234 shall be mentioned in the debit note.
Despite enactment of the above provision the facility is not yet made available in the portal.
6.3 Financial Credit Note
In general trade practice, the suppliers will be granting incentives or price protection or post
sale discount in the form of financial credit notes or commercial credit note. Such credit notes
are issued as an accounting or financial adjustment not governed by the provisions of GST
law. As discussed above there is time limit of issuing credit note under section 34, whereas for
such financial credit there is no such time limit. In this regard, the trade raised a question, as
to “can there be a bar to issue credit note beyond the time specified in section 34 of CGST
Act.” In response to the same the Board vide Circular No. 72/46/2018-GST dated 26th October
2018 has clarified that in pharmaceutical sector as a common trade practice the wholesaler or
retailer shall return the time expired drugs and for which credit note can be issued even the
time limit mentioned in Sec 34 (2) has lapsed because the tax liability is not adjusted and such
credit note need be disclosed in the common portal. Time limit for issue of credit note as per
Sec 34(2) shall apply only when we are adjusting the tax corresponding to the value
mentioned in credit note.
Further CGST Circular No. 92/11/2019-GST dated 7th March 2019 enumerated various
possibilities related to discounts, its impact on ITC and documentation of such transactions. In
this circular first time the word ‘commercial’ or ‘financial credit note’ has been used. Relevant
para has been reproduced below:
“Representations have been received from the trade and industry that whether credit notes(s)
under sub-section (1) of section 34 of the said Act can be issued in such cases even if the
conditions laid down in clause (b) of sub-section (3) of section 15 of the said Act are not
satisfied. It is hereby clarified that financial / commercial credit note(s) can be issued by the
supplier even if the conditions mentioned in clause (b) of sub-section (3) of section 15 of the
said Act are not satisfied. In other words, credit note(s) can be issued as a commercial
transaction between the two contracting parties. “
Thus, when credit note under section 34 cannot be issued by a taxable person, he may issue
a credit note reducing the value of original supply without tax attributable to the reduction
claimed. Such credit notes are referred as ‘financial credit notes’.
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When credit note cannot be issued in terms of section 34 of the CGST Act, financial credit
note can be issued to reflect financial impact of the transaction. Financial credit note would not
be declared in the returns under the GST law. Following are the situations which may give rise
to issue of financial credit note:
Situations under which the financial credit notes are issued
1. Discounts offered post supply: The discount issued by the supplier after effecting
supply of goods and / or services if not in terms of the provisions as specified under
Section 15(3)(b) of the CGST Act, the supplier cannot claim the reduction in the output
tax.
2. Credit notes issued after expiry of the time limit specified under the GST law: In
terms of Section 34 of the CGST 2017, a supplier cannot issue a credit note any time
after either of the following 2 events:
• Annual return has been filed for the FY in which the original tax invoice was issued; or
• September of the FY immediately succeeding the FY in which the original tax invoice
was issued (i.e., for a tax invoice issued in April 2019 as well as a tax invoice
issued in March 2020, the relevant credit notes cannot be issued after September
2020)
Further circular Circular No. 137/07/2020-GST dated 13th April 2020 has also clarified few
aspects related to credit note and its impact on GST refund. Following is the relevant extract
from said circular:
Issue: An advance is received by a supplier for a Service contract which subsequently got
cancelled. The supplier has issued the invoice before supply of service and paid the GST
thereon. Whether he can claim refund of tax paid or is he required to adjust his tax liability in
his returns?
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Suggestion: In case GST is paid by the supplier on advances received for a future event
which got cancelled subsequently and for which invoice is issued before supply of service, the
supplier is required to issue a “credit note” in terms of section 34 of the CGST Act. He shall
declare the details of such credit notes in the return for the month during which such credit
note has been issued. The tax liability shall be adjusted in the return subject to conditions of
section 34 of the CGST Act. There is no need to file a separate refund claim. However, in
cases where there is no output liability against which a credit note can be adjusted, registered
persons may proceed to file a claim under “Excess payment of tax, if any” through FORM GST
RFD-01
Rule 53(1A) of the CGST Rules contains the details required on debit note and credit note. Till
31st Jan 2019 there was common rule for revised invoice, debit and credit note. Following are
the information required on debit note and credit note:
6.4 Contents of Debit Note/Credit Note – Rule 53(1A)
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of goods in case of supply of services like works contract, pandalshamiana, etc. , goods
given as free samples, gifts, goods moved by artists for display in an exhibition, etc.
• Other supplies as notified by the Board.
In case the goods are being transported on a delivery challan instead of invoice, the
same shall be declared as specified in Rule 138.
Initially the supplier has transported the goods without invoice at the time of removal for
the purpose of supply but such supplier has to issue a tax invoice on delivery of goods.
Issue of Delivery Challan in case of goods sent for Job Work
Normally when the goods are removed from the place of business of a principal who is
registered, for purpose of job work, GST has to be paid, but by virtue of Sec 143 of CGST Act,
the principal can remove such goods for Job work without payment of tax subject to fulfillment
of certain conditions mentioned therein.
Detailed procedure to be followed by a principal as well as the job worker has been laid down
in Circular No. 38/12/2018 dated 26th March 2018.
Issue of Delivery Challan in case of movement of goods for Job Work
Form GST ITC – 04 which has to be furnished by all principals who are registered, showing
the details of inputs or capital goods dispatched or received from a job worker during a
particular quarter. Such Form GST ITC – 04 shall serve as an intimation as envisaged in Sec
143 of CGST Act.
The following are the four major types of transactions which require issuance of delivery
challan and furnishing of intimation Form GST ITC-04 on a quarterly basis:
• Inputs or capital goods dispatched by the principal to the job workers
• Inputs or capital goods received back from job workers by the principal
• Inputs or capital goods sent from one job worker to another job worker
• Inputs or capital goods supplied from the premises of job workers
Issue of Delivery Challan in case of movement of Goods:
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PART-II
1. E-Invoice-Introduction
The GST Council approved the standard of e-invoice in its 37th meeting held on 20th Sept
2019 and accordingly, on 13th Dec 2019 the Government issued Notification No 68/2019 CT
to 72/2019 CT, laying down the legal roadmap for e-invoicing. Earlier, e-invoicing was going to
be applicable on voluntary basis from January 2020 and was mandatory from April 2020 to
some class of persons. Subsequently the Government had come up with a new Notification
No. 13/2020 and Notification No.14/2020 issued on 21-03-2020 stating that the dates for
implementation of e-invoicing to be extended till 01.10.2020.
The basic objectives for bringing e-invoice system from GST perspective is to provide better
services to the taxpayer, reduction of tax evasion and bringing efficiency in tax administration.
There is a myth among the trade that generation of e-invoice in GST means the generation of
invoice in GSTN portal, but it is not so. Even such restriction will be a hardship in ease of
doing business. Hence the registered persons can generate invoice in their own accounting or
billing software but what is being introduced to bring uniformity in trade is to upload such
generated invoices in a common portal called Invoice Registration Portal (IRP) and will then
generate an unique Invoice Reference Number (IRN) and quick response code. This system
of e-invoicing will only be applicable to those whose aggregate turnover is above the
prescribed limit.
2. E-Invoice-Concept
E- Invoicing will be applicable in following cases:
Threshold Limit Type of invoice to be issued as e-invoice
100 cr < Aggregate Turnover < 500 cr B2B only
Aggregate Turnover > 500 cr All i.e. B2B + B2C
The GSTN’s e-invoice will contain the following parts:
• E-invoice scheme: As per a paper published by the GSTN, India has adopted the
SIMPoL standard for flow of information during the e-invoice generation process. The
scheme was separately adopted. It consists of the technical field name, description of
each field, whether it is mandatory or not, and has a few sample values along with
explanatory notes.
♦ Some mandatory fields are invoice type, invoice no., date, bill to, GSTIN, State
code, address, item, taxable value, advance adjusted, total invoice value, GST
rate, tax amounts etc.
Part-II
♦ Some of the optional fields are supplier email, phone no., batch details, pre-tax
details, payee name, mode of payment etc.
• Masters: Masters will specify the set of inputs for certain fields, that are pre-defined by
GSTN itself. It includes fields like UQC, State Code, invoice type, supply type, etc.
• E-invoice template: The template is as per the GST Rules and enables the reader to
correlate the terms used in other sheets. The mandatory fields are marked in green and
optional fields are marked in yellow.
1. Businesses are required to generate an electronic invoice on every sale on their
respective ERPs. Creating an e-invoice is the prior responsibility of the taxpayer
(dealer)
2. The standard invoice format is pre-fixed by authorities for every business so that
proper details are extracted
3. The e-invoice thus generated needs to be reported to the Invoice Registration
Portal (IRP) of GST
4. On the portal, the Invoice Reference Number (IRN) will be generated and the
invoice will be signed digitally
5. Then a QR code will be generated. The code contains all the vital information
related to the invoices which will be re-directed to the taxpayer who filed the
invoices
6. The IRP will send a copy of the signed invoices to the provided email id of the
recipient of the document as provided in the e-invoice.
Various documents to be reported to GST system:
In the concept paper on e-invoicing system issued by GSTN portal, the word ‘Invoice’ is
used in the name of e-invoice, and the concept paper has also intended to include all
other documents issued by a supplier to reported in IRP viz., debit note, credit note, bill of
supply or any other document referred as required to be reported by the creator of the
document. But the amendment brought in the Rule 48 of CGST Rules provides only for
the manner of issue of tax invoice and not covering the manner of issue of debit note,
credit note or bill of supply or all other documents mentioned in the law. Hopefully the law
maker will make all such amendments in due course to cover all documents issued by a
registered person in B2B transaction.
3. E-Invoice - Process
Registered persons can create e-invoice through any of the following modes based on their
preferences:
• Web based
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• API based
• SMS based
• Mobile App based
• Offline tool based
• GSP based
Stage-1 – Generation of JSON through invoice
• Generation of the invoice by the seller in his own accounting or billing system (it can be
any software utility/ERP that generates invoice).
• The invoice must confirm to the e-invoice (standards). Supplier should have a feature in
his ERP that will create an output of invoice data in JSON format.
• Those who do not use any accounting or billing software or any IT tool to generate the
invoice, will be provided an offline tool to key-in data of invoice and then submit the
same.
• The supplier’s software should be capable to generate a JSON of the final invoice that
is ready to be uploaded to the IRP. The IRP will only recognise JSON file.
Stage-2 – Uploading of JSON on Invoice Registration Portal (IRP)
• Seller to upload the JSON of the e-invoice into the IRP.
• The JSON may be uploaded directly on the IRP or through GSPs or through third party
provided Apps)
Stage-3 – Data validation/approval by IRP
• If IRN is not generated, then IRP will generate IRN, based on JSON uploaded.
• If IRN is generated, then IRP will validate the IRN, (Based on JSON uploaded) from
Central Registry of GST System to ensure that the same invoice from the same supplier
pertaining to same Financial Year is not being uploaded again.
• On receipt of confirmation from Central Registry, IRP will add its signature on the
invoice data as well as a QR code to the JSON.
Stage-4 – E- invoice generation and sharing
• Sharing the signed e-invoice data along with IRN to seller.
• Sharing the signed e-invoice data along with IRN to the GST System as well as to E-
Way bill system, will also update the ANX-1 of the seller and ANX-2 of the buyer.
• The IRP will sign the e-invoice and the e-invoice signed by the IRP will be a valid e-
invoice and will be used by GST/E-Way bill system.
Stage-5 – Providing digitally signed E- invoice back to the Taxpayer
• Returning the digitally signed JSON with IRN back to the seller along with a QR Code.
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Part-II
• The registered invoice will also be sent to the seller and buyer on their mail ids as
provided in the invoice.
5. E-Invoice - Implementation
The 39th GST council meeting came up with a decision to implement GST e-invoicing of bills
and applicability of QR codes from 1st October 2020.
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Part-II
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