Invoicing Under GST
Invoicing Under GST
Invoicing Under GST
(DTPA)
7 Days Comprehensive
GST training program
27-02-2024
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TAX INVOICE ,
CR/DR NOTE
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What is Invoice?
As per Section 2(66) of CGST Act- "invoice" or "tax invoice"
means the tax invoice referred to in section 31;
➢ Invoice / Tax Invoice
➢ Isd Invoice
➢ Revised Invoice
➢ Bill of Supply
➢ Receipt Voucher
➢ Payment Voucher
➢ Debit Note / Credit Note
➢ Delivery Challan
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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 receives supplies which are covered under reverse charge
mechanism under sub-section (3) or (4) to section 9 from an unregistered person,
then such recipient shall raise a ‘Self Invoice’;
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.
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Legal Provisions
Chapter VII - Tax Invoice, Debit and Credit Notes
Section-31 Tax Invoice.
Section 32. Prohibition of unauthorised collection of tax.
Section 33. Amount of tax to be indicated in tax invoice and other
documents.
Section-34 Debit or Credit Note .
Rule-46 Tax Invoice.
Rule-46A Invoice Cum Bill Of Supply.
Rule-47 Time Limit For Issuing Of Invoice.
Rule-48 Manner Of Issuing Invoice.
Rule-49 Bill Of Supply.
Rule-50 Receipt Voucher.
Rule-51 Refund Voucher.
Rule-52 Payment Voucher.
Rule-53 Debit/Credit Note.
Rule-54 Tax Invoice in Special Cases.
Rule-55 Transportation of Goods Without Invoice.
Rule-55A Transportation of Goods With Invoice.
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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
Delivery Challan, in case of reasons otherwise
than for supply
Bill of Entry in case of Imports
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Now we shall discuss various aspects with respect to issue of tax invoice for goods
and services under following headings:
Time limit to issue tax invoice for both goods and services and its impact on
time of supply.
Manner of issuing tax invoice for both goods and services.
Tax invoice and ITC.
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.
Signature requirements on tax invoice.
Tax Invoice and its disclosures in GST returns.
HSN Code requirement on tax invoice.
Tax Invoice and bill of supply for supply less than ` 200/-.
Offence and Penalty relating to non-compliance of provisions relating to tax invoice.
Retention of tax invoice and other related documents.
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Time of Issue of Invoice-GOODS
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Time of Issue of Invoice- Service
45 Days in Case Of Banking & Financial institutions No Due Date – Before or at the Time of Payment Ref.
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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.
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Manner of issuing tax invoice
Manner of Issuance for Goods [Rule 48]
✓ The serial number of invoices issued during a tax period shall be furnished
electronically through the common portal in Form GSTR – 1
✓ Multiple series of serial numbers can be maintained for a single registration
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Invoice for SKD / CKD
Where the goods are being transported in a semi knocked down
or completely knocked down condition or in batches or lots, then-
➢ the supplier shall issue the complete invoice before
dispatch of the first consignment;
➢ the supplier shall issue a delivery challan for each of the
subsequent consignments, giving reference of the
invoice;
➢ each consignment shall be accompanied by copies of the
corresponding delivery challan along with a duly
certified copy of the invoice; and
➢ the original copy of the invoice shall be sent along
with the last consignment.
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Manner of Issue E-Invoice –
(B2B & Export)
500 01-10-2020
100 01-01-2021
50 01-04-2021
20 01-04-2021
10 01-10-2022
5 01-08-2023
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N. No. 69/2019 – Central Tax
Dated13th December, 2019
(i) www.einvoice1.gst.gov.in;
(ii) www.einvoice2.gst.gov.in;
(iii)www.einvoice3.gst.gov.in;
(iv) www.einvoice4.gst.gov.in;
(v) www.einvoice5.gst.gov.in;
(vi) www.einvoice6.gst.gov.in;
(vii) www.einvoice7.gst.gov.in;
(viii) www.einvoice8.gst.gov.in;
(ix) www.einvoice9.gst.gov.in;
(x) www.einvoice10.gst.gov.in.
Explanation.-For the purposes of this notification, the above
mentioned websites mean the websites managed by the Goods and
Services Tax Network, a company incorporated under the provisions
of section 8 of the CompaniesAct, 2013 (18 of 2013).
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Particulars of Tax Invoice
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Conditions for ITC
The registered person will be entitled to ITC on a supply
only if ALL the following four conditions are fulfilled
1. Possession of tax paying document [Sec 16(2)(a) R/w
rule 36]i.e Invoice,(Revised Invoice) Bill of Entry, Dr.
Note etc
2. Receipt of the goods and/or services [Sec 16(2)(b)]
3. Tax leviable on supply actually paid to Government
[Sec 16(2)(c)]
4. Filing of return [Sec 16(2)(d)]
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Condition 1: Possession of tax invoice
/debit note Rule 36(1)
ITC can be availed on the basis of any of the following
documents:
Invoice issued by a supplier
Rcm Invoice issued by recipient (from unregistered
supplier) along with proof of payment of tax (in case of
reverse charge)
A Debit Note issued by supplier
Bill Of Entry or similar document prescribed under
Customs Act
Revised invoice
Document issued by ISD
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Expected Contents on the
document for Credit Rule 36(2)
❖ Input Tax Credit only if invoice complete in all
respects
❖ The documents basis which ITC is being taken
should contain at least the following details:
❖ Amount of tax charged
❖ Description of goods or services
❖ Total value of supply of goods and/or services
❖ GSTIN of the supplier and recipient
❖ Place of supply in case of inter-State supply
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Procurement in Lots
XYZ enters into a contract with ABC for supply of 10 MT of a
chemical for ` 1,18,000 (inclusive of GST of Rs.18,000) in August,
20XX.
•The chemical is to be delivered in lots over a period of three months.
•ABC raises the invoice for the entire amount in August but the
supply is completed in November.
Ans-Though XYZ paid the full tax as early as August, it can take the
ITC of the same only on receipt of last instalment of the chemical in
the month of November
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When tax invoice is issued by an exporter or
supplier to SEZ unit then invoice should have the
additional information
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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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Contents of tax invoice issued by a GTA
[Rule 54(3)]
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Bill of Supply
As per section 31(3)(c) of CGST Act, 2017
A registered person supplying exempted goods or services or both or paying tax under the
provisions of section 10 shall issue, instead of a tax invoice, a bill of supply containing such
particulars and in such manner as may be prescribed:
As per rule 50 of CGST Rules, 2017 a bill of supply shall be issued by the supplier containing the
following details:
a. name, address and GSTIN of Supplier ;
b. a consecutive serial number not exceeding sixteen characters, in one or multiple series;
c. date of its issue;
d. name, address and Goods and Services Tax Identification Number or Unique Identity
Number, if registered, of the recipient;
e. Harmonized System of Nomenclature Code for goods or services;
f. description of goods or services or both
g. value of supply of goods or services or both taking into account discount or abatement, if
any; and
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Bill of Supply
h. signature or digital signature of the supplier or his
authorised representative:
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Voucher
Receipt Voucher
A registered person shall, on receipt of advance payment with respect to any supply of
goods or services or both, issue a receipt voucher or any other document, containing
such particulars as may be prescribed, evidencing receipt of such payment As per rule 50
of CGST Rules, 2017 , Receipt of advance will require that a ‘receipt voucher’ be issued
and not an invoice .Receipt voucher shall contain following : - All details are same as
required in tax invoice but amount of taxable value will replace by amount of advance
taken.
Refund Voucher
Where no supply is made and no tax invoice is issued in against advance received, then said
registered person may issue to the person who had made the payment, a refund voucher against
such payment; As per rule 50 of CGST Rules, 2017, refund voucher shall contain the following
particular namely : All details are same as required in tax invoice but amount of taxable value will
replace by amount of refund made.
Invoice-cum-bill of supply
As per rule 46A of CGST Rules, 2017 where a registered person is supplying taxable as well as
exempted goods or services or both to an unregistered person, a single “invoice-cum-bill of
supply” may be issued for all such supplies.
Revised Invoice
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Revised Tax Invoice [Rule 53]
A registered person may, within one month from the date of
issuance of certificate of registration and in such manner as
may be prescribed, issue a revised invoice against the invoice
already issued during the period beginning with the effective
date of registration till the date of issuance of certificate of
registration to him;
Example: PQR Ltd of Mumbai is a company engaged in business of spare parts of
machinery. They crossed the limit of ` 40 lakhs on 03-02-2024. They applied for
registration on 15-02-2024 and got GST registration certificate from department on
22-02-2024. What kind of document can PQR Ltd issued from the period of 03-02-
2024 to 22-02-2024?
Answer: PQR Ltd became liable for registration on 03-02-2024 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 03-02-2024,
has to issue revised tax invoice in respect of taxable supplies from 03-02-2024 till
22-02-2024, the date he got registration.
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Payment voucher for goods/services
The recipient who is registered under GST has to issue a payment voucher for the
transactions(goods or services) on which reverse charge is applicable to the supplier.
For example Ram cashew house registered in Delhi had purchased cashew nuts from shyam
an agriculturist for Rs 50000 in Delhi. In this case, the reverse charge would be applicable to
Ram cashew house. CGST and SGST are required to be paid by Ram cashew house on
reverse charge basis of Rs 2500( 5% * 50000). Ram cashew house would also need to issue a
payment voucher to shyam for Rs 50000.
Following details have to be mentioned in the payment voucher as per GST rules:
1. Name, address and GSTIN (if registered) of the supplier.
2. A consecutive serial number not exceeding 16 characters.
3. Date of issue of payment voucher.
4. Name, address,and GSTIN of the recipient.
5. Description of the goods and service on which tax is paid on reverse charge basis.
6. Amount paid to the supplier.
7. The rate and amount of tax charged under different heads CGST, SGST/UTGST or
IGST and cess.
8. Place of supply if the transaction is interstate along with the state name and code.
9. Signature or Digital signature of the supplier or the authorized representative of the
supplier.
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Time limit for details given in the return
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Credit Note under section 34(1)
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Debit Note under section 34(3)
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Transportation of goods without issue of
invoices – Exceptional circumstance
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Delivery Challan
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Tax Invoice and its disclosures
in GST returns.
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.
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HSN Code requirement on tax invoice.
HSN code stands for “Harmonized System of
Nomenclature”
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Tax Invoice and Bill of Supply If Value of Supply
Less Than ` 200
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Offence and Penalty
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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.
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Tax Invoice- Retention of Records
Sec.36 read with Rule 56
Period of Retention of Accounts under GST
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PRADEEP KANTHED V/S UNION OF INDIA
& OTHERS [SUPREME COURT PETITION NO. 1006/2023]
DTD. 20.10.2023
GST returns are filed under sections 39 of the GST Act, but there is no
provision for revised returns in the Act, Rules, or the GSTN Portal.
This is in stark contrast to other revenue laws, such as the Income Tax
Act, VAT Act, and Customs and Duties Act, which all typically
include provisions for revised returns.
In the petition filed by Pradeep Kanthed, it is stated that despite seven years having
passed since the enactment of the GST Act and Rules, along with more
than 3,500 amendments, circulars, and notifications, no significant
attention has been given to the availability of revised returns on the GSTIN
Portal to date.
Case:
➢ M/s. WIPRO LIMITED INDIA
➢ M/s. SUN DYE CHEM HC-MAD-GST
➢ M/s SHIVA JYOTI CONSTRUCTION HC-ORISSA-
GST
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Time Limit for Correction of Return
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C A PradeepModi
ITC Sec 16(4)
The Section 16(4) of CGST Act 2017 prescribes that the date to claim Input
Tax Credit (ITC) for any financial year would be: , whichever is earlier.
1. A registered person shall not be entitled to take input tax credit in respect
of any invoice or debit note for supply of goods or services or both after
the thirtieth day of November following the end of financial year to
which such invoice or debit note pertains or
2. furnishing of the relevant annual return whichever is earlier else such ITC
would be lapsed forever.
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C A PradeepModi
Thirumalakonda Plywoods Vs. Assistant
Commissioner –Division Bench judgement dated
18.07.2023
➢ Time limit prescribed for claiming ITC under section 16(4) of APGST
Act/CGST Act, 2017 is not violative of Articles 14, 19(1)(g) and 300-A of
Constitution of India.
➢ Mere acceptance of Form GSTR-3B returns with late fee will not
exonerate delay in claiming ITC beyond period specified under
section 16(4) of APGST/CGST Act, 2017.
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N.No.47/2019-Central Tax:
Dtd. 9th October, 2019
In respect of FY: 2017-2018 and 2018-2019, Registered Persons:
-whose aggregate turnover in a financial year does not exceed Rs. 2 crores &
-who have not furnished the Annual Return before the due date, will follow a
special procedure, such that they shall have the option to furnish the Annual
Return.
Provided, that the said annual return shall be deemed to be furnished
on the due date if it has not been furnished before the due
date.
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How Long to Keep the Records Sec 36
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DETERMINATION OF TAX
LIABILITY AND ISSUE OF ORDER
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चाहे जिधर से गज़
ु ररये मीठी सी हलचल मचा दिजिये ,
उम्र का हर एक िौर मज़ेिार है अपनी उम्र का मज़ा ललजिये .
और
अपने िीवन में GST को लागू कीजिये :-
अर्ाात
G= Good Thinking (अच्छी सोच)
S= Simple Living (सािा िीवन)
T= Tension Free Life (तनाव मक्
ु त िीवन)
आपका हर पल शुभ हो
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Disclaimer: Above is for the education purposes only, and is not
intended to be treated or used as legal advice or opinion.
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