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Chapter-10. Tax Invoice Credit and Debit Notes

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0% found this document useful (0 votes)
97 views80 pages

Chapter-10. Tax Invoice Credit and Debit Notes

Uploaded by

asad93087
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

10

a
CHAPTER a

2
TAX INVOICE; CREDIT
AND DEBIT NOTES
The section numbers referred to in the Chapter pertain to CGST Act, 2017, unless
otherwise specified. Examples/Illustrations/Questions and Answers given in the
Chapter are based on the position of GST law existing as on 30.04.2023.

LEARNING OUTCOMES
This Chapter will equip you to –
❑ describe and analyse the provisions relating to tax invoice in case of taxable
supply of goods and in case of taxable supply of services – time limit and
manner of issuing the same.
❑ enumerate the particulars of a tax invoice.
❑ understand the provisions relating to e-invoicing.

❑ explain the provisions relating to revised tax invoice, bill of supply, receipt
voucher, refund voucher, payment voucher, etc.
❑ identify the cases where no tax invoice is required to be issued and identify
the suppliers of taxable service who are permitted to issue any document
other than tax invoice.
❑ explain the provisions relating to transportation of goods without issuance of
invoice.
❑ describe the provisions relating to issuance of credit and debit notes.
❑ explain the provisions relating to prohibition of unauthorised collection of tax.
❑ describe the provisions relating to amount of tax to be indicated in tax invoice
and other documents.

© The Institute of Chartered Accountants of India


a 10.2 GOODS AND SERVICES TAX

CHAPTER OVERVIEW
Revised Tax
Invoice
Consolidated Tax
Invoice
Tax Invoice, Credit and Debit Notes

Bill of Supply

Tax invoice Receipt Voucher

Payment
Credit and Debit notes
Voucher

Prohibition of unauthorised collection of tax Refund Voucher

Amount of tax to be indicated in tax invoice and


Delivery challan
other documents

1. INTRODUCTION
An invoice is a commercial
instrument issued by a supplier of
goods/services to a recipient. It
identifies both the parties involved,
and lists, describes the goods
sold/services supplied, quantifies the items sold, shows the date of
shipment and mode of transport, prices and discounts, if any, and
the delivery and payment terms(in case of supply of goods).
Invoicing is very crucial aspect for ensuring tax compliance under
any indirect taxation system. In order to ensure transparency, issuance of invoice
for every taxable transaction is a pre-requisite. In case of supply of goods or
provision of services, an invoice is raised by the supplier of such goods or services

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.3 a

to the recipient of the same. Tax invoice acts as a document evidencing the
payment of the value of the goods or services or both as also the tax portion in the
same. In certain cases, an invoice serves as a demand for payment and becomes a
document of title when paid in full.
Under the GST regime, an “invoice” or “tax invoice” means the tax invoice referred
to in section 31 of the CGST Act, 2017. This section mandates the issuance of an
invoice or a bill of supply for every supply of goods or services.
Under GST law, a tax invoice is an important document. It not only evidences supply
of goods or services, but is also an essential document for the recipient to avail
Input Tax Credit (ITC). A registered person cannot avail input tax credit unless he is
in possession of a tax invoice or a debit note.
The provisions relating to tax invoices, credit and debit notes are contained in
Chapter VII - Tax Invoice, Credit and Debit Notes [Sections 31 to 34] of the CGST
Act and Chapter-VI: Tax Invoice, Credit and Debit Notes [Rules 46 to 55A] of Central
Goods and Services (CGST) Rules, 2017. State GST laws also prescribe identical
provisions in relation to Tax Invoice; Credit and Debit Notes.
Before proceeding to understand the provisions of Tax Invoice, Credit and Debit
Notes, let us first go through few relevant definitions.

Provisions of Tax invoice; Credit and Debit Notes under CGST Act have also been
made applicable to IGST Act vide section 20 of the IGST Act.

2. RELEVANT DEFINITIONS
❑ Credit note: means a document issued by a registered person under sub-
section (1) of section 34 [Section 2(37)].
❑ Debit note: means a document issued by a registered person under sub-
section (3) of section 34 [Section 2(38)].

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a 10.4 GOODS AND SERVICES TAX

❑ Continuous supply of goods: means [Section 2(32)]:

a supply of goods which is provided, or agreed to be provided, continuously


or on recurrent basis
under a contract
whether or not by means of a wire, cable, pipeline or other conduit, and

for which the supplier invoices the recipient on a regular or periodic basis and

includes supply of such goods as the Government may, subject to such


conditions, as it may, by notification, specify

❑ Continuous supply of services: means [Section 2(33)]:

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 and
includes supply of such services as the Government may, subject to such
conditions, as it may, by notification, specify

❑ Document: includes written or printed record of any sort and electronic


record as defined in clause (t) of section 2 of the Information Technology
Act, 2000 [Section 2(41)].
❑ Exempt supply: means supply of any goods or services or both which
attracts nil rate of tax or which may be wholly exempt from tax under
section 11, or under section 6 of the Integrated Goods and Services Tax
Act, and includes non-taxable supply [Section 2(47)].
❑ Invoice or tax invoice: means the tax invoice referred to in section 31
(discussed subsequently) [Section 2(66)].

❑ Quarter: shall mean a period comprising three consecutive calendar


months, ending on the last day of March, June, September and December
of a calendar year [Section 2(92)].
❑ Return: means any return prescribed or otherwise required to be
furnished by or under this Act or the rules made thereunder [Section
2(97)].

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.5 a

3. TAX INVOICE [SECTION 31]

STATUTORY PROVISIONS

Section 31 Tax invoice

Sub-section Particulars

(1) A registered person supplying taxable goods shall, before or at the


time of,—
(a) removal of goods for supply to the recipient, where the supply
involves movement of goods; or
(b) delivery of goods or making available thereof to the recipient,
in any other case
issue a tax invoice showing the description, quantity and value of
goods, the tax charged thereon and such other particulars as may
be prescribed.
Provided that the Government may, on the recommendations of
the Council, by notification, specify the categories of goods or
supplies in respect of which a tax invoice shall be issued, within
such time and in such manner as may be prescribed.

(2) A registered 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, tax charged thereon and
such other particulars as may be prescribed.
Provided that the Government may, on the recommendations of
the Council, by notification—
(a) specify the categories of services or supplies in respect of
which a tax invoice shall be issued, within such time and in
such manner as may be prescribed;
(b) subject to the condition mentioned therein, specify the
categories of services in respect of which—

© The Institute of Chartered Accountants of India


a 10.6 GOODS AND SERVICES TAX

(i) any other document issued in relation to the supply


shall be deemed to be a tax invoice; or
(ii) tax invoice may not be issued.

(3) Notwithstanding anything contained in sub-sections (1) and (2)–


(a) 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;
(b) a registered person may not issue a tax invoice if the value of
the goods or services or both supplied is less than two hundred
rupees subject to such conditions and in such manner as may
be prescribed;
(c) 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:
Provided that the registered person may not issue a bill of
supply if the value of the goods or services or both supplied is
less than two hundred rupees subject to such conditions and in
such manner as may be prescribed;
(d) 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;
(e) where, on receipt of advance payment with respect to any
supply of goods or services or both the registered person
issues a receipt voucher, but subsequently no supply is made
and no tax invoice is issued in pursuance thereof, the said
registered person may issue to the person who had made the
payment, a refund voucher against such payment;
(f) a registered person who is liable to pay tax under sub-section
(3) or sub-section (4) of section 9 shall issue an invoice in
respect of goods or services or both received by him from the

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.7 a

supplier who is not registered on the date of receipt of goods


or services or both;
(g) a registered person who is liable to pay tax under sub-section
(3) or sub-section (4) of section 9 shall issue a payment voucher
at the time of making payment to the supplier.

(4) In case of continuous supply of goods, where successive statements


of accounts or successive payments are involved, the invoice shall
be issued before or at the time each such statement is issued or, as
the case may be, each such payment is received.

(5) Subject to the provisions of clause (d) of sub-section (3), in case of


continuous supply of services,––
(a) where the due date of payment is ascertainable from the
contract, the invoice shall be issued on or before the due date
of payment;
(b) where the due date of payment is not ascertainable from the
contract, the invoice shall be issued before or at the time when
the supplier of service receives the payment;
(c) where the payment is linked to the completion of an event, the
invoice shall be issued on or before the date of completion of
that event.

(6) In a case where the supply of services ceases under a contract


before the completion of the supply, 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.

(7) Notwithstanding anything contained in sub-section (1), where the


goods being sent or taken on approval for sale or return are
removed before the supply takes place, the invoice shall be issued
before or at the time of supply or six months from the date of
removal, whichever is earlier.

© The Institute of Chartered Accountants of India


a 10.8 GOODS AND SERVICES TAX

Explanation.––For the purposes of this section, the expression “tax invoice”


shall include any revised invoice issued by the supplier in respect of a supply
made earlier.

Section 31A Facility of digital payment to recipient

The Government may, on the recommendations of the Council,


prescribe a class of registered persons who shall provide prescribed
modes of electronic payment to the recipient of supply of goods or
services or both made by him and give option to such recipient to
make payment accordingly, in such manner and subject to such
conditions and restrictions, as may be prescribed.

ANALYSIS
The provisions relating to Tax Invoice are provided under
section 31 of the CGST Act as well as Chapter-VI: Tax
Invoice, Credit and Debit Notes of Central Goods and
Services (CGST) Rules, 2017. The provisions contained in
these rules have been incorporated at the relevant places.
There is no format prescribed for the Tax Invoice. Only certain fields have been
prescribed as mandatory fields.
A. TAX INVOICE ISSUED BY A SUPPLIER OF TAXABLE GOODS/ TAXABLE
SERVICES
A tax invoice shall be issued by a registered person supplying taxable goods
or taxable services or both. Such tax invoice shall show the prescribed
particulars.

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.9 a

(i) Time limit for issuance of invoice [Sections 31(1), (2), (4) & (5) read
with rule 47]

The time for issuing an invoice would depend on the nature of supply viz .
whether it is a supply of goods or supply of services.
A registered person supplying taxable goods shall issue
a tax invoice, before or at the time of removal of goods
(where supply involves movement of goods) or in any
other case, before or at the time of delivery or making
available the said goods to the recipient.
In case of supply of taxable services, tax invoice
may be issued before or after the provision of
services, but within the specified period.
Government may notify the categories of services
in respect of which any other document issued in
relation to supply shall be deemed to be a tax
invoice or tax invoice may not be issued.
The Government may, on the recommendations of the Council, by
notification, specify the categories of goods or services supplies in respect of
which a tax invoice shall be issued, within such time and in such manner as
may be prescribed.

In case of taxable In case of taxable supply of services


supply of goods

Invoice shall be Invoice shall be issued before or after the


issued before or at provision of service, but within a period of 30
the time of,— days* from the date of supply of service.
*45 days in case of an insurer or banking
(a) removal of goods company or financial institution, including a
for supply to the non-banking financial company (NBFC)
recipient, where

© The Institute of Chartered Accountants of India


a 10.10 GOODS AND SERVICES TAX

the supply
involves
movement of
goods; or

(b) delivery of goods


or making
available thereof
to the recipient, An insurer or a banking company or a
in any other case. financial institution, including NBFC, or a
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

In case of continuous In case of continuous supply of services


supply of goods

Where successive Where the invoice shall be


statements of issued
accounts/ successive
payments are (a) due date of payment on or before the due
involved, is ascertainable from the date of payment
the invoice shall be contract
issued before/at the
(b) due date of payment before or at the time
time each such
is not ascertainable when the supplier
statement is issued or
from the contract of service receives
each such payment is
the payment
received.
(c) payment is linked to on or before the
the completion of an date of completion
event of that event.

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.11 a

(1) Ritu Manufacturers, Delhi supplies goods to Prakhar


Electronics, Haryana. The goods were removed from its factory in
Delhi on 23 rdSeptember.Ritu Manufacturers needs to issue a tax
invoice on or before 23 rd September.
(2) Katyani Security Services Ltd. provides security services to Royal
Jewellers for their Jewellery Exhibition to be organized on 5th
October. Katyani Security Services Ltd. needs to issue a tax invoice
within 30 days of supply of security services, i.e.on or before 4th November.
(ii) Where supply of services ceases before its completion [Section 31(6)]
In a case where the supply of services ceases under
a contract before the completion of the supply, 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.
(iii) Goods sent on sale or return basis [Section 31(7)]
Where the goods being sent or taken on approval for
sale or return are removed before the supply takes
place, the invoice shall be issued:
(i) before/at the time of supply
or
(ii) 6 months from the date of removal
whichever is earlier.
(iv) Particulars of a tax invoice [Sections 31(1) & (2) read with rule 46]
As discussed earlier, there is no format prescribed for an invoice, but rules
make it mandatory for an invoice to have the following fields (only applicable
fields are to be filled):

Name, address and GSTIN of the supplier;


A consecutive serial number not exceeding 16 characters, in one or

© The Institute of Chartered Accountants of India


a 10.12 GOODS AND SERVICES TAX

multiple series, containing alphabets/numerals/special characters


hyphen or dash and slash, and any combination thereof, unique for a
FY;
Date of its issue;
If recipient is registered- Name, address and GSTIN or UIN of
recipient
If recipient is Particulars of invoice
unregistered and
value of supply is
` 50,000 or more Name and address of the recipient and the
address of delivery, along with the name of
State and its code
less than ` 50,000 unregistered recipient may still request the
aforesaid details to be recorded in the tax
invoice

Where any taxable service is supplied by or through an electronic


commerce operator or by a supplier of OIDAR services to a recipient
who is unregistered, irrespective of the value of such supply, a tax
invoice issued by the registered person shall contain the name and
address of the recipient along with its PIN code and the name of the
State and the said address shall be deemed to be the address on
record of the recipient.

HSN code for goods or services;


Description of goods or services;
Quantity in case of goods and unit or Unique Quantity Code thereof;
Total value of supply of goods or services or both;
Taxable value of supply of goods or services or both taking into
account discount or abatement, if any;
Rate of tax (central tax, State tax, integrated tax, Union territory tax
or cess);

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.13 a

Amount of tax charged in respect of taxable goods or services (central


tax, State tax, integrated tax, Union territory tax or cess);
Place of supply along with the name of State, in case of a supply i n
the course of inter-State trade or commerce;
Address of delivery where the same is different from the place of
supply;
Whether the tax is payable on reverse charge basis; and
Signature or digital signature of the supplier or his authorized
representative (not required in case of issuance of an electronic
invoice in accordance with the provisions of the Information
Technology (IT)Act, 2000).
Quick Response code, having embedded Invoice Reference Number
(IRN) in it, in case e-invoice has been issued 1

Note: The taxpayers exempted from the mandatory requirement of


e-invoicing (discussed subsequently) are required to provide a
declaration on the tax invoice stating that though their aggregate
turnover exceeds the notified aggregate turnover for e-invoicing, they
are not required to prepare an e-invoice.
(v) Number of HSN digits required on tax invoice and class of registered
person not required to mention HSN [Rule 46]
Board may, on the recommendations of the Council, by notification, specify:
(i) the number of digits of Harmonised System of Nomenclature (HSN)
code for goods or services that a class of registered persons shall be
required to mention; or

(ii) a class of supply of goods or services for which specified number of


digits of HSN code shall be required to be mentioned by all registered
taxpayers; and

1
in the manner prescribed under rule 48(4)

© The Institute of Chartered Accountants of India


a 10.14 GOODS AND SERVICES TAX

(iii) the class of registered persons that would not be required to mention
the HSN code for goods or services.

This provision is also applicable to Bill of Supply [The concept of Bill of Supply
is discussed in subsequent paras].
In view of the above powers,following has been notified vide Notification No.
12/2017 CT dated 28.06.2017 as amended:

S.No. Annual Turnover (AT) Number of Digits of HSN Code


in the preceding FY
1. AT ≤` 5 crores For B2B supply - 4
For B2C supply – 4 (optional)*
2. AT >` 5 crores For B2B supply and B2C supply – 6

*As mentioned above, a registered person having aggregate turnover up to


` 5 crores in the previous financial year has been exempted from the
requirement of mentioning the HSN Code in the manner specified in above
table in a tax invoice issued by him under the said rules in respect of supplies
made to unregistered persons.
(vi) Manner of issuing the invoice [Sections 31(1) & (2) read with rule 48]

In case of taxable supply of goods In case of taxable supply of


services

Invoice shall be prepared in Invoice shall be prepared in


TRIPLICATE DUPLICATE

Triplicate Duplicate

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.15 a

Original copy
Original copy

Duplicate copy
Duplicate copy

Triplicate copy

The serial number of invoices issued during a tax period shall be furnished
electronically [through the Common Portal – www.gst.gov.in], in FORM
GSTR-1 [Details of outward Supplies of goods or services].

Key points from aforesaid discussion have been summarized as follows:


1. All GST taxpayers are free to design their own Tax Invoice Format.
2. The law requires that only certain fields as mandatory fields in the Tax
Invoice. The same have been listed under heading (iv) above. The
mandatory fields have also been circled in the following Sample Tax
Invoice.

3. The time period for issuance of invoice is different for goods and services.
For goods, it is any time before or at its delivery and for services, it is within
30 days from the date of supply of services.

© The Institute of Chartered Accountants of India


a 10.16 GOODS AND SERVICES TAX

Sample Tax Invoice

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.17 a

E-invoicing
‘E-invoicing' has been introduced for reporting of business to business
(B2B) invoices to GST System for certain notified category of taxpayers.
All registered businesses with an
aggregate turnover (based on
PAN) in any preceding financial
year from 2017-18 onwards greater
than ` 10 crore (hereinafter
referred to as ‘notified persons’)
will be required to issue e-invoices.
E-invoicing is not voluntary; only
notified persons are enabled to report invoices on IRP ( Invoice Registration
Portal).
Before we proceed further, let us
first understand what is
‘e-invoicing’? E-invoicing is not
generation of invoice by a
Government portal. Taxpayers
will continue to create their GST
invoices on their own
Accounting/Billing/ERP Systems as per e-invoice scheme. These invoices will
then be reported to IRP. On such reporting, IRP will generate a unique ‘Invoice
Reference Number (IRN)’, digitally sign it and return the e-invoice to the
supplier. A GST e-invoice will be valid only with a valid IRN.
Presently, invoices, credit notes and debit notes, when issued by notified
persons (to registered persons (B2B) or for the purpose of exports) are
covered under
e-invoice. Though different
documents are covered, for
ease of reference and
understanding, the system is
referred as
‘e-invoicing’.

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a 10.18 GOODS AND SERVICES TAX

Advantages of e-invoicing

E-invoice has many advantages for businesses. One such advantage is auto-
reporting of invoices into GST return and auto-generation of
e-way bill2 (wherever required). Under e-invoicing, business has to report the
B2B invoice data only once in the e-invoice form and the same is reported in
multiple forms (GSTR-1, e-way bill etc.). E-way bill can be auto-generated
using e-invoice data. GSTR-1 can also be auto-populated with the e-invoice
data. It will become part of the business process of the taxpayer.
Consequently, there will be a substantial reduction in transcription errors as
same data will get reported to tax department as well as to the buyer to
prepare his inward supplies (purchase) register. On receipt of information
through GST System, buyer can reconcile the same with his Purchase Order.

Thus, it will facilitate


standardisation and inter-
operability leading to reduction of
disputes among transacting
parties, improve payment cycles,
reduction of processing costs and
thereby greatly improving overall
business efficiency.

Further, since a complete trail of


B2B invoices is available with the
Department, it will enable the
system-level matching of input tax
credit and output tax thereby reducing the tax evasion.

Last but not the least, e-invoicing will eliminate the fake invoices. Claiming
fictitious input tax credit (ITC) by raising fake invoices is also one of the
biggest challenges currently faced by tax-authorities. The
e-invoice system will help to curb the actions of unscrupulous taxpayers and

2
The provisions relating to e-way bill have been discussed in Chapter 12: E-way bill in this Module
of the Study Material.

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.19 a

reduce the number of fraud cases as the tax authorities will have access to
data in real-time.

E-invoicing statutory provisions

Rule 48(4) stipulates that the e-invoice shall be prepared by notified class of
registered persons, by uploading such particulars as contained in Form GST
INV-01 on the Common GST Electronic Portal 3and obtain an IRN (Invoice
Reference Number), in prescribed manner and subject to prescribed conditions
and restrictions.
However, the Commissioner may, on the recommendations of the Council, by
notification, exempt a person or a class of registered persons from issuance of
e-invoice under rule 48(4) for a specified period, subject to such conditions and
restrictions as may be specified in the said notification.

Every invoice, issued by above


persons, in any manner other
than the manner specified in rule
48(4) shall not be treated as an
invoice. Where e-invoicing is
applicable, there is no need of
issuing invoice copies in
triplicate/duplicate.

Class of persons notified to mandatorily issue e-invoice

In view of said powers, a registered person (except specified class of


persons4), whose aggregate turnover in any preceding financial year from
2017-18 onwards exceeds ` 10 crore, has been notified as class of persons

3
Ten dedicated Invoice Reference Portals have been notified as Common Goods and Service Tax
(GST) Electronic Portal for the purpose of preparing e-invoice. These portals are enlisted in
subsequent paras.
4
Special Economic Zones and insurer or banking company or financial institution including NBFC,
GTA, supplier of passenger transportation service, person supplying services by way of admission
to exhibition of cinematograph films in multiplex screens, a Government Department and a
local authority.

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a 10.20 GOODS AND SERVICES TAX

who shall prepare e-invoice in respect of B2B supplies (supply of goods or


services or both to a registered person) and for exports5.Thus, presently, such
notified persons are not required to report B2C invoices on IRP. However,
reporting of B2C invoices will be brought under e-invoice in the next phase.
Further, e-invoicing is also not applicable to invoices issued by Input Service
Distributor (ISD).

If the invoice issued by a notified person is in respect of supplies made by


him, tax on which is payable under reverse charge under section 9(3),
e-invoicing is applicable.

(3) A taxpayer (say a firm of advocates) having aggregate turnover


in a FY of more than `20 crore is supplying services to a company
(who will be discharging tax liability as recipient under reverse
charge mechanism), such invoices have to be reported by said tax payer (since
it is a notified person) on IRP.

On the other hand, where specified category of supplies are received by


notified person from unregistered persons [attracting reverse charge under
section 9(4)] or through import of services, e-invoicing doesn’t arise/ not
applicable. E-invoicing is also not applicable in case of import of goods (Bills
of Entry).

Exemption from e-invoicing

Following entities are exempt from the mandatory requirement of


e-invoicing:

❑ Special Economic Zone units**

❑ Insurer or banking company or financial institution including NBFC


❑ GTA supplying services in relation to transportation of goods by road
in a goods carriage

❑ Supplier of passenger transportation service

5
Notification No. 13/2020 CT dated 21.03.2020 as amended

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.21 a

❑ Person supplying services by way of admission to exhibition of


cinematograph films in multiplex screens

❑ a Government Department and a local authority

Thus, above mentioned entities are not required to issue e-invoices even if
their turnover exceeds ` 10 crore in any preceding financial year from 2017-
18 onwards.
Further, the above taxpayers exempted from the mandatory requirement
of e-invoicing are required to provide a declaration as below:-
that invoice is not required to be issued in the manner specified under
rule 48(4), in all cases where an invoice is issued, other than in the
manner so specified under the said rule 48(4), by the taxpayer having
aggregate turnover in any preceding financial year from 2017-18
onwards more than the aggregate turnover as notified under rule 48(4)
[presently its ` 10 crore]-
“I/We hereby declare that though our aggregate turnover in any
preceding financial year from 2017-18 onwards is more than the
aggregate turnover notified under sub-rule (4) of rule 48, we are not
required to prepare an invoice in terms of the provisions of the said sub-
rule.”
**It is important to note here that only SEZ units and not SEZ developers are
exempt from issuing e-invoices. Thus, SEZ developers whose turnover exceeds
` 10 crore in any preceding financial year from 2017-18 onwards are
mandatorily required to issue e-invoices. Further, in case of supplies made by
notified persons to SEZ units, e-invoices need to be issued.
(4) Maharaja Private Limited has an SEZ unit and a regular DTA
unit (both having same PAN). The aggregate total turnover of
Maharaja Private Limited is more than `10crore (considering both
the GSTINs). However, the turnover of DTA unit is `5 crore for preceding
financial year.

In this scenario, SEZ unit is exempt from e-invoicing. However, e-invoicing


will be applicable to DTA Unit because the aggregate turnover of the legal

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a 10.22 GOODS AND SERVICES TAX

entity in this case is >`10 crore. The applicability is based on annual


aggregate turnover on the common PAN.
It has been clarified 6 that the said exemption from generation of e-
invoices is for the entity as a whole and is not restricted by the nature of
supply being made by the said entity.
(5) A banking company providing banking services, may also
be involved in making supply of some goods, including
bullion. The said banking company is exempted from
mandatory issuance of e-invoice in terms of Notification No. 13/2020 CT
dated 21.03.2020, for all supplies of goods and services and thus, will
not be required to issue e-invoice with respect to any supply made by it.
How e-invoice is generated?
The taxpayer first prepares and generates his invoice using his own
ERP/accounting/billing system or manual system 7.The invoice must conform
to the e-invoice schema (standard notified format - discussed in detail
subsequent paras) and must have the mandatory parameters.

The details of this invoice are uploaded/reported by the taxpayer to the


Invoice Registration Portal (IRP). This way taxpayer registers his supply
transaction on IRP.

On uploading, IRP returns the e-invoice with a unique ‘Invoice Reference


Number (IRN)’ (explained in detail subsequent paras) after digitally signing the
e-invoice and adding a QR Code (Quick Response Code). Then, the supplier
shares the e-invoice with the receiver (along with QR Code).

6
Circular No. 186/18/2022 GST dated 27.12.2022
7
For entities not having their own ERP/Software solutions, they can use the free offline utility
(‘bulk generation tool’) downloadable from the e-invoice portal. Through this, invoice data can be
easily reported to IRP and obtain IRN/signed e-invoice

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.23 a

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a 10.24 GOODS AND SERVICES TAX

How e-invoice data is consumed by GST System for generation of


e-way bill or populating relevant parts of GST Returns?
IRP sends the e-invoice data along with IRN 8 to the GST System as well as to
E-Way Bill System.
The GST system will auto-populate them into GSTR-1 of the supplier and
GSTR-2A of respective receivers. With source marked as ‘e-invoice’, IRN and
IRN date will also be shown in GSTR-1 and GSTR-2A.
The e-invoice schema (discussed subsequently) includes parameters e.g.
‘Transporter ID’ and ‘Vehicle Number’, etc. that are required for creating and
generating e-way bills. These can be entered if available with seller, at the
time of generation of e-invoice so that e-way bill can be created using this
data without any further requirement of data entry by the user. The e-invoice
reporting software already allows reporting of e-invoice and generation of
e-way bill with same data.
Cancellation/amendment of reported invoice
Where needed, the seller can cancel IRN for an e-invoice already reported by
reporting it on IRP within specified time9.
Amendment of e-invoice already uploaded on IRP will be done only on GST
portal(while filing GSTR-1). Amendment of invoices is not possible through
the IRP.
Implications for businesses
As apparent from the above discussion, e-invoicing does not mean that the
invoice needs to be prepared/generated on the Government portal. It is only
intimating the Government portal that invoice has been issued to the buyer,
by registering that particular invoice on the Government portal.
Consequently, businesses will continue to issue invoices as they were doing
earlier. Necessary changes on account of e-invoicing requirement (i.e. to
enable reporting of invoices to IRP and obtain IRN), be made by

This IRN is same as that has been returned by the IRP to the seller.
8

9
However, if the connected e-way bill is active or verified by officer during transit, cancellation of
IRN will not be permitted.

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.25 a

ERP/Accounting and Billing Software providers in their respective software.


They need to get the updated version having this facility.
Important terms
E-invoice Schema
Businesses use various accounting/billing software, each generating and storing
invoices in their own electronic formats. These different formats are neither
understood by GST System nor by the systems of suppliers and receivers.
(6) An invoice generated by SAP system cannot be read by a
machine which is using ‘Tally’ system, unless a connector is used.
With more than 300 accounting/billing software products, there
was no way to have connectors for all.
In this scenario, ‘e-invoicing’ was introduced aiming at machine-readability and
uniform interpretation. To ensure this complete ‘inter-operability’ of e-invoices
across the entire GST eco-system, an invoice standard is a must. By this,
e-invoices generated by one software can be read by any other software, thereby
eliminating the need of fresh/manual data entry. Since, there was no such
standard for e-invoice available earlier, as a first step, a standard format for e-
invoice has been finalized.
This uniform standard format (containing specified fields) applicable for all
the businesses across the country is known as ‘e-invoice schema’. It is notified
as Form GST INV-1. E-invoice schema mandates what particulars shall be
reported in electronic format to IRP. Invoice details in prescribed schema to be
reported to IRP in JSON format (JavaScript Object Notation). ‘JSON’ can be
understood as a common language for systems/machines to communicate
between each other and exchange data.
Invoice Registration Portal (IRP)
IRP is the website for uploading/reporting of invoices by the notified persons.
Following IRPs have been notified for the purpose of preparation of the e-
invoice:
www.einvoice1.gst.gov.in
www.einvoice2.gst.gov.in
www.einvoice3.gst.gov.in
www.einvoice4.gst.gov.in

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a 10.26 GOODS AND SERVICES TAX

www.einvoice5.gst.gov.in
www.einvoice6.gst.gov.in
www.einvoice7.gst.gov.in
www.einvoice8.gst.gov.in
www.einvoice9.gst.gov.in
www.einvoice10.gst.gov.in
Invoice Reference Number
As seen earlier, GST invoice will be valid only with a valid IRN.IRN is
different from invoice number. Invoice no. (e.g. ABC/1/2019-20) is assigned
by supplier and is internal to business. Its format can differ from business to
business and also governed by relevant GST rules. IRN, on other hand, is a
unique reference number (hash) generated and returned by IRP, on successful
registration of e-invoice. IRN is a unique 64-character hash, e.g.
35054cc24d97033afc24f49ec4444dbab81f542c555f9d30359dc75794e06bbe
The overall workflow of e-invoice generation, its reporting/registration and
receipt of confirmation is depicted in the diagrams on next page:
A. Interaction between the business (supplier) and the Invoice
Registration Portal (IRP).

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.27 a

B. Interaction between the IRP and the GST/E-Way Bill Systems and
the Buyer.

Other points:
❑ The e-invoicing system is also available for the E-Commerce Operators
(ECO) to report the invoices to the Invoice Registration portal,
generated by them on behalf of the suppliers.
❑ Bulk uploading of invoices to IRP is also possible 10.

❑ CBIC has clarified 11 that there is no requirement to carry the


physical copy of tax invoice in cases where e-invoice has been
generated by the supplier. Whenever e-invoice has been generated,
production of the Quick Reference (QR) code having an embedded
Invoice Reference Number (IRN) electronically, for verification by
the proper officer, would suffice.

10
Discussion on e-invoicing is primarily based on the relevant rules, notifications and FAQS on e-
invoicing hosted on GSTN website.
11
Circular No. 160/16/2021 GST dated 20.09.2021

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a 10.28 GOODS AND SERVICES TAX

Quick Response (QR) code


Upon successful registration of invoice on IRP, it will
return a signed e-invoice to the supplier with IRN and QR
Code. IRN is embedded in the QR Code which shall be
extracted and printed on the invoice. The QR code
enables quick view, validation and access of the invoices
from the GST system from hand-held devices. The digitally
signed QR code will have a unique IRN which can be verified on the central
portal as well as by an offline app by the officer. This will be helpful for tax
officers checking the invoice offline on the roadside where internet may not
be available all the time.
The QR code consists of the following e-invoice parameters:

❑ GSTIN of supplier
❑ GSTIN of recipient
❑ Invoice number as given by supplier

❑ Date of generation of invoice


❑ Invoice value (taxable value and gross tax)
❑ Number of line items
❑ HSN code of main item (the line item having highest taxable value)
❑ Unique Invoice Reference Number (hash)
❑ Date of generation of IRN
Dynamic QR code on B2C invoices

All B2C invoices issued by a registered person whose aggregate turnover


in any preceding financial year from 2017-18 onwards exceeds ` 500
crores will have a QR code.

Sixth proviso to rule 46 has empowered the Government to specify that the
tax invoice shall have Quick Response (QR) code. Resultantly, it has been
notified12 that invoice issued by a registered person [except specified class of

12
Notification No. 14/2020 CT dated 21.03.2020

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.29 a

persons(discussed subsequently)], whose aggregate turnover in a financial


year exceeds ` 500 crores, in respect of B2C supplies (supply of goods or
services or both to an unregistered person) shall have Dynamic QR code.
A Dynamic Quick Response (QR) code made available to buyer by such
registered person through digital display (with payment cross-reference) shall
be deemed to be having QR code. The purpose of this provision is to
enable and encourage digital payments where buyer can scan the
dynamic QR code and make payment from mobile wallet directly.
Today, many shops have static QR code at the payment counter which is
scanned by the buyer, but the buyer has to enter the amount to be paid to
the shop in the mobile payment App. The dynamic QR code, on the other
hand, will have the payment details and thus ‘scan and pay’ in one go is
possible.
This has no relevance or applicability to the e-invoicing in respect to B2B
supplies by notified class of taxpayers. Dynamic QR Code will be generated
by the seller himself either on the Point of Sale (PoS) machine or the invoice
issued.
Dynamic QR Code in case of an invoice, issued to person having a UIN.
Any person, who has obtained a Unique Identity Number (UIN), is not a
“registered person” as per the definition of registered person provided in
section 2(94). Therefore, any invoice, issued to such person having a UIN,
shall be considered as invoice issued for a B2C supply and shall be required
to comply with the requirement of Dynamic QR Code.
Non-applicability of requirement of Dynamic QR code

Dynamic QR code is not applicable to an invoice issued to an unregistered


person by following suppliers:
(i) Insurer or banking company or financial institution including NBFC

(ii) Goods transport agency supplying services in relation to transportation


of goods by road in a goods carriage
(iii) Supplier of passenger transportation service

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a 10.30 GOODS AND SERVICES TAX

(iv) Person supplying services by way of admission to exhibition of


cinematograph films in multiplex screens

(v) Supplier of online information and database access or retrieval (OIDAR)


services13.
No Dynamic QR code in case of exports: As regards the supplies made for
exports, though such supplies are made by a registered person to an
unregistered person, however, since e-invoices are required to be issued in
respect of supplies for exports treating them as B2B supplies, Dynamic QR
code requirement will not be applicable to them.
Parameters/ details to be captured in the Dynamic QR Code
Dynamic QR Code, inter-alia, shall contain the following information: -

❑ Supplier GSTIN number


❑ Supplier UPI ID
❑ Payee’s Bank A/c number and IFSC

❑ Invoice number & invoice date,


❑ Total invoice value and
❑ GST amount along with breakup i.e. CGST, SGST, IGST, Cess, etc.
Further, Dynamic QR Code should be such that it can be scanned to make a
digital payment.
Compliance with the Dynamic QR Code requirements in certain cases

The purpose of dynamic QR Code is to enable the recipient/ customer to scan and
pay the amount to be paid to the merchant/ supplier in respect of the said supply.
If the supplier has issued invoice having Dynamic QR Code for payment, the
said invoice shall be deemed to have complied with Dynamic QR Code
requirements. Compliance with the Dynamic QR Code requirements has been
examined in the following cases:

The provisions relating to OIDAR services have been discussed at the Final level.
13

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.31 a

Case-I: If a supplier provides/ displays Dynamic QR Code, but the


customer opts to make payment without using Dynamic QR Code and
supplier provides the cross reference of such payment made without use
of Dynamic QR Code, on the invoice
In cases where the supplier, has digitally displayed the Dynamic QR Code and
the customer pays for the invoice: -
i. using any mode like UPI, credit/ debit card or online banking or cash or
combination of various modes of payment, with or without using
Dynamic QR Code, and the supplier provides a cross reference of the
payment (transaction id along with date, time and amount of payment,
mode of payment like UPI, Credit card, Debit card, online banking etc.)
on the invoice; or
ii. in cash, without using Dynamic QR Code and the supplier provides a
cross reference of the amount paid in cash, along with date of such
payment on the invoice;
The said invoice shall be deemed to have complied with the requirement of
having Dynamic QR Code.
Case-II: If a supplier makes available to customers an electronic mode of
payment like UPI Collect, UPI Intent or similar other modes of payment,
through mobile applications or computer-based applications, where
though Dynamic QR Code is not displayed, but the details of merchant
as well as transaction are displayed/ captured otherwise.
In such cases, if the cross reference of the payment made using such
electronic modes of payment is made on the invoice, the invoice shall be
deemed to comply with the requirement of Dynamic QR Code.
However, if payment is made after generation/ issuance of invoice, the
supplier shall provide Dynamic QR Code on the invoice.
Case-III: In case of pre-paid invoices i.e. where payment has been made
before issuance of the invoice.
If cross reference of the payment received either through electronic mode or
through cash or combination thereof is made on the invoice, then the invoice

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a 10.32 GOODS AND SERVICES TAX

would be deemed to have complied with the requirement of Dynamic QR


Code.
In cases other than pre-paid supply i.e. where payment is made after
generation / issuance of invoice, the supplier shall provide Dynamic QR Code
on the invoice.
Case-IV: In case where the e-commerce operator (ECO)/online
application has complied with the Dynamic QR Code requirements,
whether the suppliers using such e-commerce portal or application will
still be required to comply with the requirement of Dynamic QR Code?
Dynamic QR code requirements apply to each supplier/registered person
separately, if such person is liable to issue invoices with Dynamic QR Code for
B2C supplies.
In case, the supplier is making supply through the e- commerce portal or
application, and the said supplier gives cross references of the payment
received in respect of the said supply on the invoice, then such invoices would
be deemed to have complied with the requirements of Dynamic QR Code. In
cases other than pre-paid supply i.e. where payment is made after generation
/ issuance of invoice, the supplier shall provide Dynamic QR Code on the
invoice.
Case-V: In case of retail sales over the counter, the payment from the
customer is received on the payment counter by displaying dynamic QR
code on digital display, whereas the invoice, along with invoice number,
is generated on the processing system being used by supplier/ merchant
after receiving the payment.
In such cases, it may not be possible for the merchant/ supplier to provide
details of invoice number in the dynamic QR code displayed to the customer
on payment counter. However, each transaction i.e. receipt of payment
from a customer is having a unique Order ID/ sales reference number, which
is linked with the invoice for the said transaction.
In such cases, the unique order ID/ unique sales reference number, which is
uniquely linked to the invoice issued for the said transaction, may be
provided in the Dynamic QR Code for digital display, as long as the details
of such unique order ID/ sales reference number linkage with the invoice
are available on the processing system of the merchant/ supplier and the

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.33 a

cross reference of such payment along with unique order ID/ sales reference
number are also provided on the invoice.
Case - VI: In case part-payment is received before dynamic QR code is
generated.
When the part-payment for any supply has already been received from
the customer/ recipient, either in advance or by adjustment (e.g. using a
voucher, discount coupon etc), before the dynamic QR Code is generated,
then the dynamic QR code may provide only the remaining amount
payable by the customer/ recipient against “invoice value”.
The details of total invoice value, along with details/ cross reference of
the part payment/ advance/ adjustment done, and the remaining amount
to be paid, should be provided on the invoice 14.
B. SPECIAL CASES
(i) Revised Tax Invoice [Section 31(3)(a) read with rule 53]
When issued?
❑ Every registered person who has
been granted registration with For the purposes of section 31,
effect from a date earlier than the the expression “tax invoice”
date of issuance of certificate of shall include any revised
registration to him, may issue invoice issued by the supplier in
Revised Tax Invoices. Such invoices respect of a supply made earlier
shall be issued against the invoices [Explanation to section 31].
already issued during said period.
❑ Revised Tax Invoices shall be issued within 1 month from the date
of issuance of certificate of registration. The words “Revised Invoice”
shall be indicated prominently on such invoices.
❑ This provision is necessary, as a person who becomes liable for

14
The discussion on Dynamic QR code is based primarily on sixth proviso to rule 46 alongwith
Notification No. 14/2020 CT dated 21.03.2020 and Circular no. 146/02/2021 GST dated
23.02.2021, Circular no. 156/12/2021 GST dated 21.06.2021 and Circular No. 165/21/2021
GST dated 17.11.2021.

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a 10.34 GOODS AND SERVICES TAX

registration has to apply for registration within 30 days of becoming


liable for registration. When such an application is made within the
stipulated time period and registration is granted, the effective date of
registration is the date on which the person became liable for
registration.
❑ Thus, there would be a time lag between the date of grant of certificate
of registration and the effective date of registration.
For supplies made by such person during this
intervening period, the law enables the issuance of
revised invoice(s), so that ITC can be availed by the
recipient on such supplies.
Revised Tax Invoices to be issued in respect of taxable
supplies effected during this period

Effective date of registration Date of issuance of certificate of


registration

(7) Sarabhai Private Ltd. commenced business of supply of


goods on 1st April in Delhi. Its turnover exceeded the applicable
threshold limit on 3rd September. Thus, it became liable to
registration on 3 rd September. It applied for registration on 29 th September
and was granted registration certificate on 5th October. Since it applied for
registration within 30 days of becoming liable to registration, registration
granted is effective from 3 rd September. Sarabhai Private Ltd. may issue
Revised Tax Invoices on or before 5th November in respect of taxable supplies
effected between 3 rd September and 5th October.
Consolidated Revised Tax Invoices in certain cases

A registered person may issue a Consolidated Revised Tax Invoice in respect


of all taxable supplies made to an unregistered recipient during such period.
However, in case of inter-State supplies where the value of supply does not
exceed ` 2.5 Lakh, a consolidated revised invoice may be issued separately in
respect of all unregistered recipients located in a State.

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.35 a

Thus, a revised/ consolidated revised invoice may be issued within one month
from the date of registration as follows:
• For each inter-State B2C taxable supply upto ` 2,50,000: State-wise
consolidated revised invoice
• For each inter-State B2C taxable supply more than ` 2,50,000:
Recipient wise revised invoice
• For all intra-State B2C taxable supplies irrespective of the amount:
Consolidated revised invoice
Particulars of Revised Tax Invoice

Name, address and GSTIN of the supplier;

A consecutive serial number not exceeding 16 characters, in one or multiple


series, containing alphabets or numerals or special characters -hyphen or
dash and slash and any combination thereof, unique for a FY;

Date of issue of the document;

Name, address and GSTIN or UIN, if registered, of the recipient;

Name and address of the recipient and the address of delivery, along with
the name of State and its code, if such recipient is un-registered;

Serial number and date of the corresponding tax invoice or, as the case may
be, bill of supply;

Signature/digital signature of the supplier/his authorized representative.

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a 10.36 GOODS AND SERVICES TAX

ILLUSTRATION 1

Luv & Kush Pvt. Ltd. of Meghalaya engaged in the supply of gifts items and
repair services, provides you the following details:-

S. No. Particulars Date

1. Commencement of the business of supplying 1st August


goods and services

2. Turnover exceeds ` 10,00,000 on 15th August

3. Turnover exceeds ` 20,00,000 on 5thSeptember

4. Application for registration made on 28th September

5. Registration certificate granted on 6th October

The company seeks your advice as to how it should raise revised tax invoices for
supplies made. Is there any specific provision for issuance of revised tax invoices
to unregistered customers? Explain.
ANSWER
A supplier of both goods and services whose aggregate turnover in a financial
year exceeds ` 20 lakh in a State/UT [` 10 lakh in specified Special Category
States] is liable to apply for registration within 30 days from the date of
becoming liable to registration (i.e., the date of crossing the threshold limit
of ` 20 lakh/ ` 10 lakh) in terms of section 22. Since Meghalaya is not a
specified Special Category State, applicable threshold limit is ` 20 lakh.
Further, where the application is submitted within said period, the effective
date of registration is the date on which the person becomes liable to
registration; otherwise it is the date of grant of registration.
Every registered person who has been granted registration with effect from a
date earlier than the date of issuance of registration certificate to him, may
issue revised tax invoices within 1 month from the date of issuance of
registration certificate in respect of taxable supplies effected during this
period i.e. from the effective date of registration till the date of issuance of
registration.

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.37 a

Since Luv & Kush Pvt. Ltd. has made the application for registration within 30
days of becoming liable for registration, the effective date of registration
becomes the date on which the company becomes liable to registration i.e.
5th September.
Thus, Luv & Kush Pvt. Ltd. may issue revised tax invoices against the invoices
already issued during the period between effective date of registration (5th
September) and the date of issuance of registration certificate (6th October),
within 1 month from 6th October.
Further, Luv & Kush Pvt. Ltd may issue a consolidated revised tax invoice in
respect of all taxable supplies made to unregistered dealers during such
period. However, in case of inter-State supplies where the value of supply
does not exceed ` 2.5 Lakh, a consolidated revised invoice may be issued
separately in respect of all unregistered recipients located in a State.
(ii) No Tax Invoice required to be issued if value <` 200 – A consolidated
Tax Invoice can be issued [Section 31(3)(b) read with fourth proviso to
rule 46]
A registered person may not issue a Tax Invoice if:
(i) Value of the goods/services/both supplied<` 200,
(ii) the recipient is unregistered; and
(iii) the recipient does not require such invoice.
Instead such registered person shall issue a Consolidated Tax Invoice for
such supplies at the close of each day in respect of all such supplies.
Thus, small taxpayers, like small retailers, doing a large number of small
transactions for upto a value of ` 200 per transaction
to unregistered customers need not issue invoice for
every such transaction. They can issue one
consolidated invoice at the end of each day for all
transactions done during the day. However, they
need to issue an invoice when the customer demands.

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a 10.38 GOODS AND SERVICES TAX

However, this option is not available to a supplier engaged in making supply


of services by way of admission to exhibition of cinematograph films in
multiplex screens.
Above provision is also applicable to Bill of Supply.
ILLUSTRATION 2

Jain & Sons is a trader dealing in stationery items. It is registered under GST
and has undertaken following sales during the day:

S. No. Recipient of supply Amount (`)


1. Raghav Traders - a registered retail dealer 190
2. Dhruv Enterprises – an unregistered trader 358
3. Gaurav – a painter [unregistered] 500
4. Oberoi Orphanage –an unregistered entity 188
5. Aaradhya – a student [unregistered] 158
None of the recipients require a tax invoice [Raghav Traders being a
composition dealer].
Determine in respect of which of the above supplies, Jain & Sons may issue a
Consolidated Tax Invoice instead of Tax Invoice, at the end of the day.
ANSWER
In the given illustration, Jain & Sons can issue a Consolidated Tax Invoice only
with respect to supplies made to Oberoi Orphanage [worth `188] and
Aaradhya [worth `158] as the value of goods supplied to these recipients is
less than `200 as also these recipients are unregistered and don’t require a
tax invoice.
As regards the supply made to Raghav Traders, although the value of goods
supplied to it is less than `200, Raghav Traders is registered under GST. So,
Consolidated Tax Invoice cannot be issued.
Consolidated Tax Invoice can also not be issued for supplies of goods made
to Dhruv Enterprises and Gaurav although both of them are unregistered. The
reason for the same is that the value of goods supplied is not less than `200.

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.39 a

(iii) Bill of Supply [Section 31(3)(c) read with rule 49]


Section 31(3)(c) stipulates that a registered person supplying exempted
goods or services or both or a registered person paying tax under
composition levy, shall issue a bill of supply instead of a tax invoice 15.Person
opting for composition levy shall mention the words “composition taxable
person, not eligible to collect tax on supplies” at the top of the bill of supply
issued by him16.

Supplying exempted goods


or services or both
Tax Bill of
Paying tax under Invoice Supply
Registered
composition levy
Person

Particulars of Bill of Supply


A registered person opting for the composition levy does
not collect tax from the recipient on outward supplies made
by him. Similarly, in case of a registered person supplying
exempted goods and/or services, no tax implications are
there. Recipients should not expect Tax Invoice from such suppliers as they
cannot issue tax invoice.
Since no tax is collected from the recipient by a registered person opting for
the composition levy and a registered person supplying exempted goods
and/or services, Bill of Supply issued by such persons does not contain the
details pertaining to rate of tax and amount of tax. Further, value to be
mentioned in the Bill of Supply is not also taxable value.

Order No. 3/2019 CT dated 08.03.2019 has stipulated that a person paying tax under
15

Notification No. 2/2019 will also issue a bill of supply instead of tax invoice.
16
Fourth proviso to rule 49 stipulates that the Bill of supply shall have a Quick Response Code.
However, the same is not yet made effective.

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a 10.40 GOODS AND SERVICES TAX

Name, address and GSTIN of the supplier;

A consecutive serial number not exceeding 16 characters, in one or more


multiple series, containing alphabets or numerals or special characters -
hyphen or dash and slash and any combination thereof, unique for a FY;

Date of its issue;

Name, address and GSTIN or UIN, if registered, of the recipient;

HSN Code for goods or services;

Description of goods or services or both;

Value of supply of goods or services or both taking into account


discount/ abatement, if any; and

Signature/ digital signature of supplier/his authorized representative.


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

Note: Any tax invoice or any other similar document issued under any other
Act for the time being in force in respect of any non-taxable supply shall be
treated as bill of supply for the purposes of the Act.
(8) Patel & Sons is a manufacturer of goods who has opted for
composition levy under section 10(1) and 10(2). It will issue a Bill
of Supply to the buyers of goods and not the tax invoice.
Invoice-cum-bill of supply [Rule 46A]
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. Rule 46A is notwithstanding
anything contained in rule 46 or rule 49 or rule 54 of CGST Rules. The said
single "invoice-cum-bill of supply" shall contain the particulars as
specified under rule 46 or rule 54, as the case may be, and rule 49.

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.41 a

(iv) Receipt Voucher [Section 31(3)(d) read with rule 50]


A registered person shall, on receipt of advance payment with
respect to any supply of goods or services or both, issue a
Receipt Voucher evidencing receipt of such payment.
Particulars of Receipt Voucher

Name, address and GSTIN of the supplier;

A consecutive serial number not exceeding 16 characters, in one or


multiple series, containing alphabets or numerals or special
characters -hyphen or dash and slash and any combination thereof,
unique for a FY

Date of its issue;

Name, address and GSTIN or UIN, if registered, of the recipient;

Description of goods or services;

Amount of advance taken;

Rate of tax (central tax, State tax, integrated tax, Union territory tax
or cess);

Amount of tax charged in respect of taxable goods or services (central


tax, State tax, integrated tax, Union territory tax or cess);

Place of supply along with the name of State and its code, in case of
a supply in the course of inter-State trade or commerce;

Whether the tax is payable on reverse charge basis; and

Signature/digital signature of supplier/his authorized representative

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a 10.42 GOODS AND SERVICES TAX

Where at the time of receipt of advance, rate of tax and/or nature of


supply is not determinable

Where at the time of receipt of


advance -

(i) rate of tax is not tax shall be paid at the rate of 18%
determinable

(ii) nature of supply is not same shall be treated as inter-State


determinable supply

(v) Refund Voucher [Section 31(3)(e) read with rule 51]


Where, on receipt of advance payment with respect to any supply of goods
or services or both the registered person issues a Receipt Voucher, but
subsequently no supply is made and no tax invoice is issued in pursuance
thereof, the said registered person may issue to the person who had made
the payment, a Refund Voucher against such payment.
Advance payment

Receipt Voucher

Supply

Supplier Tax Invoice


Recipient
Refund Voucher

Particulars of Refund Voucher

Name, address and GSTIN of the supplier;

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 and any combination thereof,
unique for a FY;

Date of its issue;

Name, address and GSTIN or UIN, if registered, of the recipient;

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.43 a

Number and date of Receipt Voucher issued

Description of goods/services in respect of which refund is made

Amount of refund made

Rate of tax (central tax, State tax, integrated tax, Union territory tax or
cess)

Amount of tax paid in respect of such goods or services (central tax,


State tax, integrated tax, Union territory tax or cess)

Whether the tax is payable on reverse charge basis; and

Signature/digital signature of supplier/his authorized representative

(vi) Invoice and Payment Voucher [Section 31(3)(f) & (g) read with second
proviso to rule 46 and rule 52]
The recipient is liable to pay tax on reverse charge basis
where he receives supply of such goods/services/both
which are notified for reverse charge purposes under
section 9(3). Such supplies can be received from a
registered or an unregistered supplier.
Further, a builder/promoter is required to pay GST on reverse charge basis
under section 9(4) in one or more of the following cases:
(i) A builder/promoter must purchase 80% of inputs and input services
used in supplying the service from registered persons. In case of
shortfall, he’s required to pay tax under reverse charge on all such
inward supplies (to the extent short of 80% of the inward supplies from
registered supplier).
(ii) Where cement is received from an unregistered person,
promoter/builder has to pay tax on supply of such cement on reverse
charge basis and

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a 10.44 GOODS AND SERVICES TAX

(iii) GST on capital goods purchased from unregistered person is payable


by the promoter on reverse charge basis.
Invoice to be issued by recipient if he is liable to pay tax under
section 9(3)/(4) and receives supplies from an unregistered person
A registered person who is liable to pay tax under reverse charge [under
section 9(3)/9(4) of the CGST Act] shall issue an Invoice in respect of goods
or services or both received by him from the supplier who is not registered
on the date of receipt of goods or services or both. Thus, a recipient liable
to pay tax by virtue of section 9(3) has to issue invoice only when supplies
have been received from an unregistered supplier.

Payment voucher to be issued by recipient at the time of making


payment if he is liable to pay tax under section 9(3)/(4)
Besides, a registered person who is liable to pay tax under
reverse charge [under section 9(3)/9(4) of the CGST Act]
shall issue a Payment Voucher at the time of making
payment to the supplier.

Particulars of Payment Voucher

Name, address and GSTIN of the supplier if registered;

A consecutive serial number not exceeding 16 characters, in one or


multiple series, containing alphabets or numerals or special characters -
hyphen or dash and any combination thereof, unique for a FY

Date of its issue;

Name, address and GSTIN of the recipient;

Description of goods or services;

Amount paid;

Rate of tax (central tax, State tax, integrated tax, Union territory tax or
cess);

Amount of tax payable in respect of taxable goods or services


(central tax, State tax, integrated tax, Union territory tax or cess);

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.45 a

Place of supply along with the name of State and its code, in case of
a supply in the course of inter-State trade or commerce; and

Signature/digital signature of supplier/his authorized representative

(vii) Supplier permitted to issue any document other than tax invoice
[Section 31(2) and proviso to section 31(1) read with rules 54 and 55]
Government may, on the recommendations of
the Council, by notification and subject to such
conditions as may be mentioned therein, specify
the categories of services in respect of which––
(a) any other document issued in relation to
the supply shall be deemed to be a tax invoice; or
(b) tax invoice may not be issued.
Following suppliers may issue a tax invoice, but they are also permitted to
issue any other document in lieu of tax invoice, by whatever name called:

Supplier of Document in lieu of the tax invoice


taxable service
Optional information Mandatory
information

Insurer/Banking ❑ Serial number (It is Other information


company/Financial not mandatory for a (other than serial no.
institution, bank/insurance and address of
including NBFC company to serially recipient) as prescribed
number the for a Tax Invoice, under
invoices/document). rule 46.
❑ Address of the
A customer may avail
recipient of taxable
numerous services from
service.
the bank / insurer in a
given tax period. Such
entities may issue a
consolidated tax
invoice/ statement/

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a 10.46 GOODS AND SERVICES TAX

advice, any other


document in lieu
thereof, by whatever
name called may be
issued/ made available,
physically/
electronically,for
supply of services
made during a month
at the end of the
month.
However, the signature
or digital signature of
the supplier/his
authorised
representative shall
not be required in the
case of issuance of a
consolidated tax
invoice or any other
document in lieu
thereof in accordance
with the provisions of
the Information
Technology Act, 2000.

Goods Transport Gross weight of the


Agency (GTA) consignment
supplying services
in relation to
transportation of Name of the consignor
goods by road in a and the consignee
goods carriage
Registration number of
goods carriage in
which the goods are
transported

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.47 a

Details of goods
transported

Details of place of
origin and destination

GSTIN of the person


liable for paying tax
whether as consignor,
consignee or GTA

Other information as
prescribed for a tax
invoice, under rule 46

Supplier of ❑ Serial number Tax invoice shall include


passenger ❑ Address of the ticket in any form, by
transportation recipient of taxable whatever name called.
service service
Other information (other
than serial no. and
address of recipient) as
prescribed for a tax
invoice, under rule 46.
However, signature or
digital signature of the
supplier or his
authorized
representative shall not
be required in the case of
issuance of ticket in
accordance with the
provisions of the
Information Technology
Act, 2000.

Supplier is required to

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a 10.48 GOODS AND SERVICES TAX

Registered person Details of recipient of issue an electronic ticket


supplying services by service and the said electronic
way of admission to ticket shall be deemed
exhibition of to be a tax invoice.
cinematograph films
Other information (other
in multiplex screens
than details of recipient
of service) as prescribed
for a tax invoice, under
rule 46.
However, supplier of
such service in a screen
other than multiplex
screens may, at his
option, follow the above
procedure.

It is important to note here that keeping in view the large number of


transactions in banking, insurance and passenger transportation sector,
taxpayers need not mention the address of the customer and the serial
number in their invoices.

Delivery challan

Rule 55 specifies the cases where at the time of removal of goods for
transportation, goods can be removed on delivery challan and invoice may
be issued after delivery. These are provided in the following table:

Nature of Deliver challan Particulars of Delivery


supply 17 to be issued Challan

(1) Supply of • serially Date and number of the


liquid gas numbered not delivery challan

17
It may be noted that delivery challan is to be issued in case of transportation of goods for
job work also. The provisions relating to job work will be discussed at Fi nal level.

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.49 a

where the exceeding 16 Name, address and GSTIN of


quantity at the characters the consigner, if registered
time of • in one or Name, address and GSTIN or
removal from multiple UIN of the consignee, if
the place of series registered
business of the • at the time of
supplier is not removal of HSN code and description of
known, goods for goods,
(2) Transportation transportation Quantity (provisional, where
of goods for the exact quantity being
reasons other supplied is not known)
than by way of
Taxable value
supply, or
(3) Such other Tax rate and tax amount –
supplies as central tax, state tax,
may be notified integrated tax, union
by the Board territory tax or cess, where
the transportation is for
supply to the consignee
Place of supply, in case of
inter-state movement
Signature

A. Delivery challan in Triplicate

The delivery challan shall be prepared in TRIPLICATE, in case of supply of


goods, in the following manner:
Original copy

Duplicate copy

Triplicate copy

B. Declaration in E-way Bill


Where goods are being transported on a delivery challan in lieu of invoice,
the same shall be declared in E-Way Bill.

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a 10.50 GOODS AND SERVICES TAX

C. Tax invoice to be issued after delivery of goods


Where the goods being transported are for the purpose of supply to the
recipient but the tax invoice could not be issued at the time of removal of
goods for the purpose of supply, the supplier shall issue a tax invoice after
delivery of goods.

D. Goods transported in SKD/CKD conditionor in batches or lots


Where the goods are being transported in a semi knocked down or
completely knocked down condition or in batches or lots,
(a) the supplier shall issue the complete invoice before dispatch of the first
consignment;
(b) the supplier shall issue a delivery challan for each of the subsequent
consignments, giving reference of the invoice;
(c) Copies of the corresponding delivery challan shall accompany each
consignment along with a duly certified copy of the invoice; and
(d) the original copy of the invoice shall be sent along with the last
consignment.
Goods may be moved within the State/from the State of registration to
another State for supply on approval basis and art works may be sent by
artists to galleries for exhibition on delivery challan along with
e-way bill wherever applicable
Suppliers of jewellery etc. who are registered in one State may have to visit
other States (other than their State of registration) and need to carry the
goods (such as jewellery) along for approval. In such cases if jewellery etc. is
approved by the buyer, then the supplier issues a tax invoice only at the time
of supply.

Since the suppliers are not able to ascertain their actual supplies beforehand
and while ascertainment of tax liability in advance is a mandatory requirement
for registration as a casual taxable person, the supplier is not able to register
as a casual taxable person. Such goods are also carried within the same State
for the purposes of supply.

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.51 a

In view of relevant provisions of rule 55, it is clarified that the goods which
are taken for supply on approval basis can be moved from the place of
business of the registered supplier to another place within the same State or
to a place outside the State on a delivery challan along with the e-way bill
wherever applicable and the invoice may be issued at the time of delivery of
goods.
For this purpose, the person carrying the goods for such supply can carry the
invoice book with him so that he can issue the invoice once the supply is
fructified [Circular No. 10/10/2017 GST dated 18.10.2017].
Likewise, in case where artists supply art works in different States - other than
the State in which they are registered as a taxable person and if the art work
is selected by the buyer, then the supplier issues a tax invoice only at the time
of supply, it is clarified that the 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-way bill wherever applicable and the invoice may be
issued at the time of actual supply of art work [Circular No. 22/22/2017 GST
dated 21.12.2017].

4. CREDIT AND DEBIT NOTES [SECTION 34]

STATUTORY PROVISIONS

Section 34 Credit and Debit Notes


Sub-section Particulars
(1) Where one or more tax invoices have been issued for supply of any
goods or services or both and the taxable value or tax charged in
that tax invoice is found to exceed the taxable value or tax payable
in respect of such supply, or where the goods supplied are returned
by the recipient, or where goods or services or both supplied are
found to be deficient, the registered person, who has supplied such

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a 10.52 GOODS AND SERVICES TAX

goods or services or both, may issue to the recipient one or more


credit notes for supplies made in a financial year containing such
particulars as may be prescribed.
(2) Any registered person who issues a credit note in relation to a
supply of goods or services or both 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 the 30th day of
November following the end of the financial year in which such
supply was made, or the date of furnishing of the relevant annual
return, whichever is earlier, and the tax liability shall be adjusted
in such manner as may be prescribed.
Provided that no reduction in output tax liability of the supplier
shall be permitted, if the incidence of tax and interest on such
supply has been passed on to any other person.
(3) Where one or more tax invoices have been issued for supply of any
goods or services or both and the taxable value or tax charged in
that tax invoice is found to be less than the taxable value or tax
payable in respect of such supply, the registered person, who has
supplied such goods or services or both, shall issue to the recipient
one or more debit notes for supplies made in a financial year
containing such particulars as may be prescribed.
(4) Any registered person who issues a debit note in relation to a
supply of goods or services or both shall declare the details of such
debit note in the return for the month during which such debit
note has been issued and the tax liability shall be adjusted in such
manner as may be prescribed.
Explanation––For the purposes of this Act, the expression “debit
note” shall include a supplementary invoice.

ANALYSIS

(i) Issuance of Credit Note: During the course of trade or commerce, after the
invoice has been issued, there can be situations like:

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.53 a

❑ The supplier has erroneously declared a value which is more than the
actual value of the goods or services provided.
❑ The supplier has erroneously declared a higher tax rate than what is
applicable for the kind of the goods or services or both supplied.
❑ The quantity received by the recipient is less than what has been
declared in the tax invoice.

❑ The quality of the goods or services or both supplied is not to the


satisfaction of the recipient thereby necessitating a partial or total
reimbursement on the invoice value
❑ Any other similar reasons.
In order to regularize these kinds of situations, the supplier is allowed to issue
a document called as credit note to the recipient. Once the credit note has
been issued, the tax liability of the supplier will reduce.
The credit note is a convenient and legal method by which the value of the
goods or services in the original tax invoice can be amended or revised. The
issuance of the credit note easily allows the supplier to decrease his tax
liability in his returns without requiring him to undertake any tedious process
of refunds.
Section 34(1) provides that where one or more tax invoices have been issued
for supply of any goods or services or both and the taxable value or tax
charged in that/those tax invoice(s) is found to exceed the taxable value or
tax payable in respect of such supply, or where the goods supplied are
returned by the recipient, or where goods or services or both supplied are
found to be deficient, the registered person, who has supplied such goods or
services or both, may issue to the recipient one or more credit notes for
supplies made in a financial year containing the prescribed particulars.

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a 10.54 GOODS AND SERVICES TAX

It is important to note that credit note(s)are not permitted


to be issued in case secondary discounts18are allowed by Secondary
the supplier since the tax liability of the supplier does not discounts
get reduced in such case. However, supplier can issue
financial/ commercial credit note(s) to reduce the value of
supply payable by the recipient to the supplier [Circular 92/11/2019 GST
dated 07.03.2019].
(ii) Issuance of Debit Note: There can be situations when after the invoice has
been issued:
❑ The supplier has erroneously declared a value which is less than the
actual value of the goods or services or both provided.
❑ The supplier has erroneously declared a lower tax rate than what is
applicable for the kind of the goods or services or both supplied.
❑ The quantity received by the recipient is more than what has been
declared in the tax invoice.
❑ Any other similar reasons.
In order to regularize these kinds of situations, the supplier is allowed to issue
a document called as debit note to the recipient.
Section 34(3) provides that where one or
more tax invoices have been issued for Debit note shall include a
supply of any goods or services or both supplementary invoice.
and the taxable value or tax charged in
that tax invoice is found to be less than
the taxable value or tax payable in respect of such supply, the registered
person, who has supplied such goods or services or both, shall issue to the
recipient one or more debit notes for supplies made in a financial year
containing the prescribed particulars.

18
Secondary discounts are the discounts which are not known at the time of supply/are offered
after the supply is already over. These discounts are not excluded from the value of supply since
conditions laid down in section 15(3)(b) are not satisfied. Provisions of section 15 have been
discussed in detail in Chapter 7- Value of Supply of Module-1 of the Study material.

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.55 a

The issuance of a debit note/supplementary invoice creates additional tax


liability. The treatment of a debit note/supplementary invoice is identical to
the treatment of a tax invoice as far as returns and payment are concerned.
The debit note/supplementary invoice is a convenient and legal method by
which the value of the goods and/or services in the original tax invoice can
be enhanced. The issuance of the debit note allows the supplier to pay his
enhanced tax liability in his returns without requiring him to undertake any
other tedious process.
(iii) Details of Debit Note/Credit Note to be declared in return

I. Credit Note:
Any registered person who issues a credit note in
relation to a supply of goods or services or both 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:
(i) 30th November following the end of the financial year in which
such supply was made,
or
(ii) the date of furnishing of the relevant annual return,
whichever is earlier.
The tax liability shall be adjusted in such manner as may be prescribed.
However, no reduction in output tax liability of the supplier shall be
permitted, if the incidence of tax and interest on such supply has been
passed on to any other person.
II. Debit Note:
Any registered person who issues a debit note in relation to a supply of
goods or services or both shall declare the details of such debit note in
the return for the month during which such debit note has been issued.
The tax liability shall be adjusted in such manner as may be prescribed.

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a 10.56 GOODS AND SERVICES TAX

III. Particulars of the Debit and Credit Notes [Rule 53(1A)]


There is no prescribed format, but credit and debit note issued by a
supplier must contain the following particulars, namely:–

Name, address and GSTIN of the supplier.

Nature of the document.

A consecutive serial number not exceeding 16 characters, in one or


multiple series, containing alphabets or numerals or special
characters -hyphen or dash and slash and any combination thereof,
unique for a FY.

Date of issue of the document.

Name, address and GSTIN or UIN, if registered, of the recipient.

Name and address of the recipient and the address of delivery, along
with the name of State and its code, if such recipient is un-registered.

Serial number(s) and date(s) of the corresponding tax invoice(s) or,


as the case may be, bill(s) of supply.

Value of taxable supply of goods or services, rate of tax and the


amount of the tax credited or, as the case may be, debited to the
recipient

Signature/digital signature of the supplier/his authorized


representative.

ILLUSTRATION 3
Kartik & Co., a registered supplier under GST, provides the following
information regarding various tax invoices issued by it during the month of
March:
(i) Value of supply charged in invoice no. 1 was ` 2,50,000 against the actual
taxable value of ` 2,30,000.
(ii) Tax charged in invoice no. 4 was ` 32,000 against the actual tax liability
of ` 68,000 due to wrong HSN code being chosen while issuing invoice.
(iii) Value charged in invoice no. 8 was ` 3,20,000 as against the actual value

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.57 a

of ` 4,20,000 due to wrong quantity considered while billing.


Kartik & Co. asks you to answer the following:
(1) Who shall issue a debit/credit note under CGST Act?

(2) Whether debit note or credit note has to be issued in each of the above
circumstances?
(3) What is the maximum time-limit available for declaring the credit note
in the GST Return?
ANSWER
(1) The debit/credit note shall be issued by the registered person who has
supplied the goods and/or services, i.e. Kartik & Co.
(2) Yes, debit/credit note need to be issued in each of the circumstances as
under:
(i) A credit note is required to be issued as the taxable value in
invoice no. 1 exceeds the actual taxable value.

(ii) A debit note is required to be issued as the tax charged in the


invoice no. 4 is less than the actual tax payable.
(iii) A debit note is required to be issued as the value of supply
charged in the invoice no. 8 is less than the actual value.
(3) The details of the credit note cannot be declared later than 30th
November following the end of the financial year in which such supply
was made or the date of furnishing of the relevant annual return,
whichever is earlier.

5. PROHIBITION OF UNAUTHORISED
COLLECTION OF TAX [SECTION 32]
A person who is not a registered person shall not collect in respect of any supply
of goods or services or both any amount by way of tax under this Act.
No registered person shall collect tax except in accordance with the provisions of

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a 10.58 GOODS AND SERVICES TAX

this Act or the rules made thereunder.


(9) Rujuta is engaged in providing grooming services. She is not
registered under GST law as her turnover is below the threshold limit.
Rujuta cannot collect tax on the grooming services provided by her as a
person who is not a registered person cannot collect any amount by way of tax under
GST law in respect of any supply of goods or services or both.

6. AMOUNT OF TAX TO BE INDICATED IN TAX


INVOICE AND OTHER DOCUMENTS [SECTION 33]
Notwithstanding anything contained in this Act or any other law for the time
being in force, where any supply is made for a consideration, every person who is
liable to pay tax for such supply shall prominently indicate in all documents
relating to assessment, tax invoice and other like documents, the amount of tax
which shall form part of the price at which such supply is made.

LET US RECAPITULATE

Who can raise a tax invoice?

Registered Person

Receiving taxable goods or services


Supplying taxable goods or services
from unregistered supplier

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.59 a

Time limit for issuance of invoice

Taxable supply

Goods Services

Involving No movement Sale or return Within 30 days


movement of of goods supplies from the supply
goods of services

At the time Before or at the time of Insurance,


At the time of delivery supply, or within 6 Banking -
of removal months from the removal 45 days
– whichever is earlier

In case of •before/at the time each successive statements of


continuous accounts is issued or each successive payment is
supply of goods received

due date of payment is on/before due date of payment


ascertainable from the contract
In case of
continuous not so ascertainable before/at the time of receipt of
supply of payment
services payment is linked to the on/before the date of
completion of an event completion of that event

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a 10.60 GOODS AND SERVICES TAX

Important contents of tax invoice

Name & address of


Consecutive Serial Name, address & recipient alongwith
Name, address &
Number & date of GSTIN of recipient, delivery address ,
GSTIN of supplier
issue if registered name & State code,
if not registered

Description of Quantity in case of Total Value of


HSN
goods or services goods supply

Tax rate – Central


Taxable Value of Amount of tax
tax & State tax or Place of supply
supply charged
Integrated tax, cess

Signature of
Address of delivery supplier or QR code having
Tax payable on
where different authorised embedded IRN in it
reverse charge
than place of signatory - not req. - in case if e-invoice
basis
supply if e-invoice issued issued
as per IT Act, 2000

Manner of issuing the invoice

Supply of Goods Supply of services

Triplicate Duplicate

Original copy for recipient Original copy for recipient; and


Duplicate copy for transporter; and Duplicate copy for supplier
Triplicate copy for supplier

The serial number of invoices issued during a month / quarter shall be


furnished electronically in FORM GSTR-1.

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.61 a

E-invoicing

A. Class of persons mandatorily required to issue e-invoice [Notified


Taxpayers]

All registered businesses

with an aggregate turnover (based on Required to issue E-


PAN) greater than ` 10 crore invoice

in any preceding financial year from


2017-18 onwards

B. Important terms

E-invoice schema

Uniform standard
format

applicable for all


businesses across the Form GST INV-1
country

containing mandatory
specified fields to be
reported in electronic
format to IRP

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a 10.62 GOODS AND SERVICES TAX

Invoice Registration Portal [IRP]

website
for uploading or reporting of invoices
by notified persons

Invoice Reference Number [IRN]

Unique reference number

generated and returned by IRP

on successful registration of e-invoice

GST invoice will be valid only with a valid IRN

C. Advantages of e-invoicing

Auto-reporting of invoices into GST return

Auto-generation of e-way bill

Substantial reduction in transcription errors

Early payment

Cost reduction

Improved efficiency of business

Reduction of tax evasion

Elimination of fake invoices

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TAX INVOICE, CREDIT AND DEBIT NOTES a 10.63 a

D. Situations in which e-invoices are applicable

Supply of goods and/or services to a registered person by •Applicable


notified person [B2B supplies]

Exports by notified persons •Applicable

B2C supplies by notified persons •Not applicable

Invoices issued by Input Service Distributor •Not applicable

Supplies made by notified person, tax on which is payable under •Applicable


reverse charge under section 9(3)
Where specified category of supplies are received by notified
•Not
persons from unregistered persons [attracting reverse charge
applicable
under section 9(4)] or through import of services

Import of goods (Bills of Entry) •Not applicable

E. No requirement of issuing invoice copies in triplicate/duplicate

No need of issuing invoice copies


Where e-invoicing is applicable
in triplicate/duplicate

F. Exemption from e-invoicing

Special Economic Zone units

Insurer/banking company/financial institution including NBFC

GTA supplying services in relation to transportation of goods by road in a goods


carriage

Supplier of passenger transportation service

Person supplying services by way of admission to exhibition of cinematograph films


in multiplex screens

Government Department and local authority

© The Institute of Chartered Accountants of India


a 10.64 GOODS AND SERVICES TAX

G. Overall work flow of e-invoice

Taxpayers (suppliers) create GST Taxpayers upload


invoices on their own IRP
the
Accounting/Billing/ERP systems generates
e-invoice schema
as per e-invoice schema [Form IRN
to IRP
GST INV-01]
IRP returns IRP digitally signs
Supplier shares the
e-invoice to the e-invoice and
e-invoice with recipient
supplier add QR code
(along with QR code)

H. Generation of e-way bill/populating relevant parts of GST return through


e-invoicing data

IRP sends e-invoice data along with IRN

GST System E-way bill system

Parameters e.g. ‘Transporter


Auto-populate data
Auto-populate data ID’ and ‘Vehicle Number’, etc.
into
into reported in e-invoice schema
GSTR-2A of respective
GSTR-1 of supplier facilitate generation of e-way
receiver bill

I. Cancellation of reported invoice

by reporting IRN
Cancellation of
allowed by seller on IRP within
reported invoice
specified time.

J. Amendment of reported invoice

Possible only on GST portal


Amendment of e-invoice
already uploaded on IRP
Not possible through the IRP

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.65 a

Revised Tax Invoice

Revised Tax Invoices to be issued in respect of taxable


supplies effected during this period

Effective date of Date of issuance of


registration certificate of registration

Consolidated Revised Tax Invoice (CRTI) may be issued in respect of taxable


supplies made to an unregistered recipient during this period

In case of Inter-State supplies, where the value of a supply does not exceed
` 2,50,000, a CRTI may be issued separately in respect of all unregistered
recipients located in a State.

Consolidated Tax Invoice


Tax invoice is not required to

Value of supply < `200 Consolidated Tax


Invoice shall be
be issued

issued for such


Recipient is unregistered
supplies at the close
of each day in respect
Recipient does not require such invoice of all such supplies

© The Institute of Chartered Accountants of India


a 10.66 GOODS AND SERVICES TAX

Bill of Supply
Registered Person

Supplying exempted goods or services


or both Tax Invoice
Bill of
Supply
Paying tax under composition levy

Receipt Voucher

Advance payment
Supplier Recipient
Receipt Voucher

Where at the time of receipt of advance, rate of tax/ nature of supply is


not determinable

Where at the time of receipt of


advance

(i) rate of tax is not determinable tax shall be paid at the rate of 18%

(ii) nature of supply is not same shall be treated as inter-State


determinable supply

Refund Voucher

Advance payment

Receipt Voucher

Supplier Supply Recipient

Tax Invoice
Refund Voucher

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.67 a

Invoice and payment vouchers to be issued by recipient of


supply liable to pay tax under reverse charge

Payment Voucher

Where Recipient Receives the supplies taxable


is registered on Reverse Charge basis

under section 9(3) under section 9(4)

Supplier is Supplier is Supplier is


registered unregistered unregistered

Recipient will issue a Payment Voucher at the time of making payment to supplier.

Invoice

Where Recipient Receives the supplies taxable


is registered on Reverse Charge basis

under section 9(4)


under section 9(3)

Supplier is Supplier is Supplier is


registered unregistered unregistered

Recipient shall issue Invoice

© The Institute of Chartered Accountants of India


a 10.68 GOODS AND SERVICES TAX

Credit Notes

Where one or more tax invoices have issued for supply of any goods or services
or both

Taxable value in invoice


where the where goods or
>Taxable value in respect
goods services or both
of such supply
supplied are OR supplied are
Tax charged in invoice OR returned by found to be
>Tax payable in respect the recipient deficient
of such supply

Registered Supplier may issue one or more Recipient of goods or


of goods or services credit notes for supplies services or both
or both made in a FY

Debit Notes

Where one or more tax invoices have been issued for supply of any goods or
services or both

Taxable value in invoice <Taxable value in respect of such supply

Tax charged in invoice < Tax payable in respect of such supply

Registered Supplier
of goods or services may issue one or more
or both debit notes for supplies
made in a FY

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.69 a

TEST YOUR KNOWLEDGE

1. Sultan Industries Ltd., Delhi, entered into a contract with Prakash


Entrepreneurs, Delhi, for supply of spare parts of a machine on 7 th September.
The spare parts were to be delivered on 30 th September. Sultan Industries Ltd.
removed the finished spare parts from its factory on 29th September for supply
to Prakash Entrepreneurs. Determine the date by which tax invoice must be
issued by Sultan Industries Ltd. under GST law.
2. MBM Caretakers, a registered person, provides the services of repair and
maintenance of electrical appliances. On April 1, it has entered into an annual
maintenance contract with P for its Air Conditioner and Washing Machine. As
per the terms of contract, maintenance services will be provided on the first day
of each quarter of the relevant financial year and payment for the same will
also be due on the date on which service is rendered. During the year, it
provided the services on April 1, July 1, October 1, and January 1 in accordance
with the terms of contract. When should MBM Caretakers issue the invoice for
the services rendered?
3. The aggregate turnover of Sangri Services Ltd., Delhi, exceeded ` 20 lakh on
12th August. He applied for registration on 3 rd September and was granted the
registration certificate on 6th September. You are required to advice Sangri
Services Ltd. as to what is the effective date of registration in its case. It has
also sought your advice regarding period for issuance of Revised Tax Invoices.
4. Shyam Fabrics has opted for composition levy scheme in the current financial
year. It has approached you for advice whether it is mandatory for it to issue
a tax invoice. You are required to advise him regarding same.
5. Royal Fashions, a registered supplier of designer outfits in Delhi, decides to
exhibit its products in a Fashion Show being organised at Hotel Park Royal,
Delhi on 4 th January. For the occasion, it gets the service by way of makeover
of its models from Aura Beauty Services Ltd., Ashok Vihar, on 4th January, for
which a consideration of ` 5,00,000 (excluding GST) has been charged. Aura
Beauty Services Ltd. issued a duly signed tax invoice on 10 th February showing

© The Institute of Chartered Accountants of India


a 10.70 GOODS AND SERVICES TAX

the lumpsum amount of ` 5,90,000 inclusive of CGST and SGST @ 9% each for
the services provided. Answer the following questions:

(i) Examine whether the tax invoice has been issued within the time limit
prescribed under law.
(ii) Tax consultant of Royal Fashions objected to the invoice raised suggesting
that the amount of tax charged in respect of the taxable supply should be
shown separately in the invoice raised by Aura Beauty Services Ltd.
However, Aura Beauty Services Ltd. contended that there is no mandatory
requirement of showing tax component separately in the invoice. You are
required to examine the validity of the objection raised by tax consultant
of Royal Fashions.
6. Kidzee Toys Ltd., a wholesaler of toys registered in Chandigarh, is renowned in
the local market for the variety of toys and their reasonable prices. Kidzee Toys
Ltd. makes supply of 100 pieces of baby’s learning laptops and chat learning
phones to Nancy General Store on 25 th September by issuing a tax invoice
amounting to ` 1,00,000.
However, the said toys were returned by Nancy General Store on 30 th September.
Discuss which document Kidzee Toys Ltd. is required to issue in such a case?
7. Rana Sanga Ltd., a registered supplier, has made following taxable supplies to
its customer Babur in the quarter ending 30 th June.

Date Bill Particulars Invoice value


No. (including
GST)[`]

5th April 102 Notebooks [10 in numbers] 1,200

10th May 197 Chart Paper [4 in number] 600

20th May 230 Crayon colors [2 packets] 500

2nd June 254 Poster colors [5 packets] 900

22nd June 304 Pencil box [4 sets] 700

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.71 a

Goods in respect of bill no. 102, 230 and 254 have been returned by Babur. You
are required to advise Rana Sanga Ltd. whether it can issue a consolidated
credit note against all the three invoices?
8. Chidanand Products Pvt. Ltd. is a registered supplier who has opted for
composition levy in the current financial year. He wishes to know whether the
issue of a bill of supply can be dispensed with under any circumstances. You
are required to advise him.
9. A registered person has to mandatorily issue separate invoices for taxable and
exempted goods when supplying both taxable as well as exempted goods to an
unregistered person. Examine the validity of the statement.
10. A non-banking financial company can issue a consolidated tax invoice at the
end of every month for the supply made during that month. Examine the
validity of the statement.
11. Sakthi Enterprises, Kolkata entered into a contract with Suraj Enterprises, Surat for
supply of goods and the delivery shall be made on or before 31st October. The
goods were removed from the factory at Kolkata on 11th October for supply to
Suraj Enterprises. As per the agreement, the goods were to be delivered on or
before 31st October. Suraj Enterprises has received the goods on 14th October.
Determine the time of issue of invoice as per the provisions of CGST Act.
12. Trust and Fun Ltd., an event management company, has provided its services for
an event at Kapoor Film Agencies, Mumbai on 5th June. Payment for the event was
made on 19th June. Determine the time of issue of invoice as per the provisions of
CGST Act.
13. Udai Singh, a registered supplier, has received advance payment with respect
to services to be supplied to Sujamal. His accountant asked him to issue the
receipt voucher with respect to such services to be supplied. However, he is
apprehensive as to what would happen in case a receipt voucher is issued, but
subsequently no services are supplied. You are required to advise Udai Singh
regarding the same.
14. Bhoj Raj, a registered person, has availed GTA services from unregistered
supplier, on which he is liable to pay tax under reverse charge. He wishes to
know whether he is required to issue an invoice. Please advise him discussing
the relevant provisions under CGST Act and rules thereunder.

© The Institute of Chartered Accountants of India


a 10.72 GOODS AND SERVICES TAX

ANSWERS/HINTS

1. As per the provisions of section 31, invoice shall be issued before or at the
time of removal of goods for supply to the recipient, where the supply
involves movement of goods. Accordingly, in the given case, the tax invoice
must be issued on or before 29 th September.

2. Continuous supply of service means, inter alia, supply of any service which is
provided, or agreed to be provided continuously or on recurrent basis, under
a contract, for a period exceeding 3 months with the periodic payment
obligations.
Therefore, the given situation is a case of continuous supply of service as
repair and maintenance services have been provided by MBM Caretakers on
a quarterly basis, under a contract, for a period of one year with the obligation
for quarterly payment.
In terms of section 31, in case of continuous supply of service, where due date
of payment is ascertainable from the contract (as in the given case), invoice
shall be issued on or before the due date of payment.
Therefore, in the given case, MBM Caretakers should issue quarterly invoices
on or before April 1, July 1, October 1, and January 1.
3. As per section 25 read with CGST Rules, where an applicant submits
application for registration within 30 days from the date he becomes liable
to registration, effective date of registration is the date on which he becomes
liable to registration. Since, Sangri Services Ltd.’s turnover exceeded `20 lakh
on 12th August, it became liable to registration on same day. Further, it
applied for registration within 30 days of so becoming liable to registration,
the effective date of registration is the date on which he becomes liable to
registration, i.e. 12 th August.
As per section 31read with CGST Rules, every registered person who has been
granted registration with effect from a date earlier than the date of issuance
of certificate of registration to him, may issue Revised Tax Invoices. Revised
Tax Invoices shall be issued within 1 month from the date of issuance of

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.73 a

certificate of registration. Revised Tax Invoices shall be issued within 1 month


from the date of issuance of registration in respect of taxable supplies
effected during the period starting from the effective date of registration till
the date of issuance of certificate of registration.
Therefore, in the given case, Sangri Services Ltd. has to issue the Revised Tax
Invoices in respect of taxable supplies effected during the period starting
from the effective date of registration (12 th August) till the date of issuance
of certificate of registration (6th September) within 1 month from the date of
issuance of certificate of registration, i.e. on or before 6th October.
4. A registered person paying tax under the provisions of section 10
[composition levy] shall issue, instead of a tax invoice, a bill of supply
containing such particulars and in such manner as may be prescribed [Section
31(3)(c) read with CGST Rules, 2017].
5. (i) As per section 31 read with the CGST Rules, in case of taxable supply of
services, invoices should be issued before or after the provision of
service, but within a period of 30 days [45 days in case of insurer/
banking company or financial institutions including NBFCs] from the
date of supply of service.

In view of said provisions, in the present case, the tax invoice should
have been issued in the prescribed time limit of 30 days from the date
of supply of service i.e. upto3rd February. However, the invoice has been
issued on 10 th February.
(ii) Section 31 read with the CGST Rules, inter alia, provides that tax invoice
in addition to other mandatory details shall also contain the amount of
tax charged in respect of taxable goods or services (central tax, State
tax, integrated tax, Union territory tax or cess). Further, where any
supply is made for a consideration, every person who is liable to pay tax
for such supply shall prominently indicate in all documents relating to
assessment, tax invoice and other like documents, the amount of tax
charged in respect of taxable goods or services which shall form part of
the price at which such supply is made.

© The Institute of Chartered Accountants of India


a 10.74 GOODS AND SERVICES TAX

The objection raised by the tax consultant of Royal Fashions suggesting


that the amount of tax charged in respect of the taxable supply of
makeover services should be shown separately in the invoice raised by
Aura Beauty Services Ltd., is valid in law.
6. Kidzee Ltd. is required to issue a credit note in such a case.

As per section 34, where one or more tax invoices have been issued for supply
of any goods or services or both and the goods supplied are returned by the
recipient the registered person, who has supplied such goods or services or
both, may issue to the recipient one or more credit notes for supplies made
in a financial year containing such particulars as may be prescribed.
Therefore, Kidzee Ltd.is required to issue a credit note to Nancy General Store
for the good returned.
7. Where one or more tax invoices have been issued for supply of any goods
and/or services and
(a) the taxable value/tax charged in that tax invoice is found to exceed the
taxable value/tax payable in respect of such supply, or
(b) where the goods supplied are returned by the recipient, or
(c) where goods and/or services supplied are found to be deficient,
the registered person, who has supplied such goods and/or services, may
issue to the recipient one or more credit notes for supplies made in a financial
year containing prescribed particulars.
Thus, one (consolidated) or more credit notes can be issued in respect of
multiple invoices issued in a financial year without linking the same to
individual invoices.
Hence, in view of the above-mentioned provisions, Rana Sanga Ltd. can issue
a consolidated credit note for the goods returned in respect of all the three
invoices.
8. Yes. Chidanand Products Pvt. Ltd. may not issue a bill of supply if the value
of the goods or services or both supplied is less than ` 200 subject to the
condition that:
(a) the recipient is not a registered person; and

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.75 a

(b) the recipient does not require such bill of supply,


and he shall issue a consolidated bill of supply for such supplies at the close
of each day in respect of all such supplies.
9. The statement is not valid in law. As per the CGST Rules, 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.
10. The said statement is valid in law. A customer may avail numerous services
from a non-banking financial company in a given tax period. It may issue a
consolidated tax invoice/ statement/ advice, any other document in lieu
thereof, by whatever name called may be issued/ made available, physically/
electronically, for supply of services made during a month at the end of the
month.
11. A registered person supplying taxable goods shall issue a tax invoice, before
or at the time of removal of goods for supply to the recipient, where the
supply involves movement of goods.
Therefore, in the given case, invoice has to be issued on or before,
11th October (the time of removal of goods).
12. A registered person [other than an insurer/banking company/financial
institution, including an NBFC] supplying taxable services shall issue a tax
invoice before or after the provision of service, but within a period of 30 days
from the date of supply of service.
Thus, in the given case, invoice has to be issued within 30 days of 5 th June
(date of supply of service), i.e. on or before, 5 th July.

13. Udai Singh is required to issue a receipt voucher at the time of receipt of
advance payment with respect to services to be supplied to Sujamal. A
receipt voucher is a document evidencing receipt of advance money towards
a supply of goods and/or services or both. A registered person, on receipt of
advance payment with respect to any supply of goods or services or both,
shall issue a receipt voucher or any other document, evidencing receipt of
such payment.

© The Institute of Chartered Accountants of India


a 10.76 GOODS AND SERVICES TAX

Where, on receipt of advance payment with respect to any supply of goods


or services or both the registered person issues a receipt voucher, but
subsequently no supply is made and no tax invoice is issued in pursuance
thereof, the said registered person may issue to the person who had made
the payment, a refund voucher against such payment. Therefore, in case
subsequently no services are supplied by Udai Singh, and no tax invoice is
issued in pursuance thereof, Udai Singh may issue a refund voucher against
such payment to Sujamal.

14. Bhoj Raj is required to issue an invoice with regard to the GTA services availed
by him. A registered person who is liable to pay tax under sub-section (3) or
sub-section (4) of section 9 (i.e. where the recipient is liable to discharge GST
on reverse charge basis) shall issue an invoice in respect of goods or services
or both received by him from the supplier who is not registered on the date
of receipt of goods or services or both.

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.77 a







•Is it correct that NBFC has to mandatorily issue e-invoice?


1

•Physical copy of tax invoice is to be mandatorily carried even in


cases where e-invoice has been generated by the supplier. Is it
2 valid in law?

•Is it correct that a registered person may not issue a tax Invoice,
if value of services supplied to unregistered recipient is less than
3 ` 200?

•Which document is required to be issued by a registered person


4 paying tax under composition levy?

•What will be the rate of tax if at the time of receipt of advance it


5 is not determinable?

•What will be the nature of supply if at the time of receipt of


6 advance it is not determinable?

•Which document is required to be issued in case of


transportation of goods for reasons other than supply without
7 invoice?

Which document is required to be issued if post issuance of


invoice, quantity received by recipient is less than what has been
8 declared in the tax invoice?


 

© The Institute of Chartered Accountants of India


a 10.78 GOODS AND SERVICES TAX

CROSSWORD PUZZLE
1

2 3

4 5 6

8 9

10

11 12

ACROSS
2. Invoice shall be issued before or at the time of -------------of goods for
supply to the recipient, where the supply involves movement of goods.
4. A registered person on receipt of advance payment with respect to any supply
of goods shall issue a ------Voucher.

8. Where tax invoice has been issued for supply of any goods and goods
supplied are found to be deficient, the registered person may issue ------
note.

11. Dynamic QR code is not applicable to an invoice issued to an ---------------


person by Insurer.

© The Institute of Chartered Accountants of India


TAX INVOICE, CREDIT AND DEBIT NOTES a 10.79 a

DOWNWARDS
1. Invoice shall be prepared in -------------in case of taxable supply of goods.
3. Name and address of the recipient and the address of delivery, along with
the name of State and its code is mandatory for tax invoice, if recipient is
unregistered and value of supply is ` 50,000 or------------.
5. A registered person supplying ---------services is required to issue a bill of
supply.

6. In case of supplier of passenger transportation service, tax invoice shall


include------------ in any form, by whatever name called.
7. Supplier of ----------transportation service are exempt from the mandatory
requirement of e-invoicing.
9. -------------- is the website for uploading/reporting of invoices by the
notified persons. (Acronym)

10. Where the goods being sent on approval for sale are removed before the
supply takes place, the invoice shall be issued before/at the time of supply or
------ months from the date of removal, whichever is earlier.
12. All registered businesses with an aggregate turnover in any preceding
financial year from 2017-18 onwards greater than ` -------------crore will be
required to issue e-invoices.

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