Tax Invoice, Credit and Debit Notes (Section 31 – Section 34) Section 31 to 34 of the CGST Act, 2017 made applicable to IGST v...
Tax Invoice, Credit and Debit Notes (Section 31 – Section 34)
Section 31 to 34 of the CGST Act, 2017 made applicable to IGST vide Section 20 of the IGST Act, 2017 and UTGST vide Section 21 of the UTGST Act, 2017
Q1. When should a Tax Invoice be issued for supply of Goods?
Ans. l
- If movement of goods is involved, then the tax invoice has to be issued before or at the time of removal of the goods for supply to the recipient.
- If movement of goods is not involved, then the tax invoice has to be issued before or at the time of the goods are delivered to the recipient or when the goods are made available to the recipient.
Q2. How can I supply goods without movement?
Ans. In cases where the ownership, or the risks and rewards are transferred without requiring the movement of goods, the goods would be treated as supplied although no movement is involved in effecting such supply.
E.g. when an Agent who is in possession of certain goods decides to buy the goods from the principal, or in case where there is an on-site installation of machinery, or in case of sale and lease back transactions, etc.
Q3. What is Removal?
Ans. Removal is defined u/s 2(96) of the CGST Act, 2017. Removal in relation to goods means, dispatch of the goods for delivery by the supplier thereof or by any other person acting on behalf of such supplier; or collection of the goods by the recipient thereof or by any other person acting on behalf of such recipient
It can be seen that removal is complete as soon as the goods are dispatched. However, where the supply is such that the recipient collects the goods from the supplier, the point at which the good are collected would be the time of removal of the goods The dispatch (or collection, as the case may be) would trigger the liability to raise the invoice, and the supplier should not wait until the goods reach the destination.
Q4. Who can remove the goods?
Ans. Goods can be removed by way of:
- Dispatch by the supplier himself,
- Dispatch by any person acting on behalf of the supplier,
- Collection by the recipient himself,
- Collection by any person acting on behalf of the recipient.
Q5. I am supplying A4-sized bundles of paper to an Advocate’s Office. I submit the account of total supplies made during the 2 -month period on the 25th of alternate month. Do I have to issue an invoice each time I dispatch the bundles?
ns. As per section 31(4) of the CGST Act, where, under a contract, there is a continuous or recurrent supply of goods involving periodic invoices or payments, the invoice shall be issued before or at the time of issue of the statements of account or receipt of payments. Since, the given instance is a case of continuous supply of goods, tax invoice has to be issued latest by the time of submitting the statement every time.
Q6. Will the invoicing requirement change if I am paid ` 50,000 every Wednesday?
Ans. Based on the explanation in Q5 above, it is clear that the liability becomes certain only on submission of the statements of account. Therefore, the invoice can be raised on a bi-monthly basis, by the 25th of every 2nd month when the account is submitted. However, the time of supply provisions get triggered on receipt of payment in advance, for which, a receipt voucher shall be issued. Tax should be discharged on receipt of advances, although invoice is yet to be raised. Further, Notification No. 66/2017 – Central Tax dated November 15, 2017 provides that the time of supply in case of outward supply of goods shall be determined in the manner as provided in clause (a) of sub-section (2) of section 12 of the CGST Act including in the situations attracting the provisions of section 14 of the CGST Act.
Q7. Do I have to issue an invoice even if I remove goods for ‘sale on approval basis’?
Ans. As per section 31(1) a registered person supplying taxable goods shall, before or at the time of removal of goods for supply to the recipient, where the supply involves movement of goods shall issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as may be prescribed
But section 31(7) states that 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
Therefore generally in such cases tax invoice need not be raised at the time of removal because it is not certain (at the time of dispatch of goods) that the sending of goods will result in a ‘supply’. However, on or before the confirmation of the supply by the other party, the tax invoice has to be issued.
The law provides a time limit of 6 months from the date of removal, during which the goods will not be treated as supplied.Therefore, in such cases where no confirmation has been received within such period, a tax invoice should be issued on the day immediately succeeding the 6-month period.
Q8. What is the invoice or other documentation required in reverse charge cases?
Ans. According to the provisions of section 31(3)(f)&(g), where the tax liability is cast on the recipient under section 9(3) & 9(4) In case of registered person , invoice is required to be issued by the supplier
In case of unregistered person, invoice is required to be issued by the recipient itself on the date of receipt of goods or services or both;
Further payment a payment voucher at the time of making payment to the supplier or unregistered person would be issued
Q9. What is the time limit to raise an invoice for services?
Ans. As per Rule 47 of the CGST Rules, 2017 (Chapter VI- Tax Invoice, Credit and Debit Notes), Invoice has to be raised within 30 days of supply of service.
Q10. I have a contract to supply manpower to a factory for 12 months, whereby the recipient should make payment by the 15th of the succeeding month. When should I raise the invoice?
Ans. Given that the contract is for a period exceeding 3 months, to provide services on a continuous/recurrent basis, the supply will be treated as a continuous supply of services. As the due date of payment is ascertainable from the contract, the invoice has to be raised on or before the due date of payment. (Section 31(5)(a) of the CGST Act).
Q11. I am constructing a building for my client. The client is required to pay me on completion of plinth, 1st floor and 2nd floor. When should the invoice be raised?
Ans. The above instance is a case of continuous supply of services. Here, since the payment is linked to completion of an event (i.e., milestones set in the contract), an invoice should be raised on or before the due date of completion of event as per section 31(5)(c) of the CGST Act, 2017. Therefore, an invoice be raised on or before completion of the 1st floor and the second time on or before the completion of 2nd floor.
Q12. I had a contract for supplying manpower for 28 days for ` 28,000/-. However, after 10 days, the service has stopped. Should I raise an invoice?
Ans. Yes. Where a supply of service ceases before its completion, an invoice has to be issued at the time the supply ceases, i.e., on the 10th day. The invoice shall be issued to the extent of the service provided before its cessation. (Section 31(6) of the CGST Act,2017).
Q13. I have a registration as an Input Service Distributor. Am I required to raise invoices even though no taxable supplies are made from this registration number?
Ans. Yes. An Input Service Distributor (ISD) should issue a tax invoice being an ‘ISD invoice’ for distributing credits to the GST registrations that have the same PAN as that of the ISD. Such invoice will be different from invoices reflecting supply of goods or services (refer Invoice Rule 54). This is a document required under Section 20 of the CGST Act, 2017.
Q14. What is the time limit for issuing invoices by Banking Companies?
Ans. In case of banking companies, financial institutions including NBFCs, the time limit for issuing an invoice is extended to 45 days (as against 30 days in respect of other supplier) from the date of supply of service.
Q15. Can an Unregistered person issue a tax invoice?
Ans. Only a registered person can issue a tax invoice. Section 32 of the CGST Act, 2017 also specifically prohibits collection of tax by persons who are not registered under the GST law.
Q16. I became liable to pay tax on 1st April,2017. I have applied for registration on 15 th April, 2017 which is within the 30 days’ window given to me. My registration is granted on 29th April, 2017. What document can I issue to collect tax from 1st April to 28th April, 2017?
Ans. Till the grant of registration on i.e., 29th April, 2017 tax cannot be collected on the supplies made.
However, even though the registration is granted on 29th April, 2017 the effective date of registration will be 1st April, as registration is applied for within the permissible period.
Section 31(3)(a) provides for issue of ‘revised invoices’ against the bills raised on a regular basis (without collection of tax) from 1 st April to 28th April, within a period of 1 month from the date of grant of registration certificate, i.e., within 29th May, 2017. Applicable taxes can be collected in the revised invoices issued.
Q17. Can a consolidated ‘revised invoice’ be issued to every recipient for supplies made during the period before registration is granted?
Ans. In terms of Rule 53(2) of the 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 in respect of taxable supplies effected during the period starting from the effective date of registration till the date of the issuance of the certificate of registration
However, rate wise consolidated invoice can be issued to an unregistered recipient during such period except separate invoice be issued in case of inter-state supply exceeding value ` 2.5 lacs.
Further, in the case of inter-State supplies, a consolidated invoice can be issued separately in respect of all the recipients located in a State, who are unregistered recipient and where the value of a supply does not exceed ` 2,50,000/-.
Q18. Is it necessary e to issue receipt for advances?
Ans. Yes. A ‘receipt voucher’ containing prescribed particulars should be issued on receipt of any advance payment towards supply of goods or services. (Refer section 31(3)(d) and rule50)
Q19. What is meant by Continuous Supply of Goods or Services?
Ans. U/s 2(32) of the CGST Act, Continuous supply of goods means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis. There should be a contract for such a supply requiring the supplier to issue invoices to the recipient on a regular or periodic basis. Also, the supply may or may not be through a wire, cable, pipeline or other conduit.
U/s 2(33) of the CGST Act, Continuous supply of services means a supply of services which is provided or agreed to be provided continuously or on recurrent basis under a contract. Such contract should be for a period exceeding 3 months, with periodic payment obligations.
The Government is also empowered to treat the supply of a particular category of goods or services as ‘continuous supply’, subject to certain conditions, irrespective of the criteria specified above.
Q20. What is a ‘Bill of Supply’?
Ans. A bill of supply should be issued instead of a tax invoice in case of the following supplies:
supply of exempted goods or services; or
supplies made by a supplier opting composition scheme.
Q21. Can a consolidated bill of supply be issued on a periodic basis?
Ans. A separate ‘Bill of Supply’ is not necessary if the value of the goods or services supplied is less than ` 200 unless the recipient demands for such a bill. In such a case, a consolidated ‘Bill of Supply’ should be prepared at the close of each day in respect of all such supplies to each recipient, separately.
Q22. What are the circumstances in which one or more credit notes for supplies made in a financial year can be issued?
Ans. As per section 34(1) of the CGST Act one or more credit notes for supplies made in a financial year can be issued, Where tax invoice(one or more) for supply should have been issued earlier. One or more credit notes may be issued in the following cases:
- The taxable value on which the tax is collected is more than the actual taxable value;
- The tax charged is more than what should have been charged;
- The recipient has returned the goods or
- The recipient has found that the goods or services or both supplied are deficient.
Q23. I had made a supply in April. The party returned the goods in May. How will I declare the credit note to the tax authorities?
Ans. The credit note should be declared in return of outward supplies (GSTR-1) for the month of May.
Q24. I had made a supply in April. The party returned the goods in October. Will I still be able to issue a Credit Note?
Ans. A credit note can be issued for any supplies. However, in order to declare the details of the credit note and thereby claim a reduction in output tax liability, it must be issued and declared in a return for the month during which such credit note has been issued but not later than September following the end of Financial Year in which such supply was made, or before filing of the annual return for that Financial Year, whichever is earlier and the tax liability shall be adjusted in such manner as may be prescribed:
E.g. Assuming that annual return for the year 2017- 18 is not yet filed, a credit note can be issued in respect of any of supplies made during the year 2017-18, up to 30th September 2018. However, if the Annual Return is filed for financial year 2017 -18 on 31ST Dec, 2018, then the details of the credit note for the year 2017-18 can be issued till 31st Dec 2018.
1 Effective date yet to be notified.
Q25. Will my tax liability be reduced if I issue a Credit Note?
Ans. The below requirements must be met for claiming a reduction in output tax liability:
It can be proven that the incidence of tax and interest have not been passed on to any person;
The details of the credit note are declared within the prescribed timelines as explained in Q 24 above.
The recipient of the supply should accept credit note in his return of inward supply and reduce his claim of input tax credit to the extent reduction of tax liability.
Q26. When I reject an inward supply, can I issue a Debit Note?
Ans. A debit note may be raised for accounting purposes. However, for the purpose of GST, such a debit note will be of no relevance. Under the scheme of things, both debit note and credit note are to be issued by the supplier. Where the supplier fails to declare the details of such documents, the recipient can declare the details of the same (i.e., those issued by the supplier) and require the supplier to accept the same, in order to effect amendments in his return of outward supplies (GSTR-1). (Section 34(3) of the CGST Act, 2017). The procedure however, was never implemented as filing of Form GSTR 2 and Form GSTR 3 was kept in abeyance by the Government.
A credit/debit note which is issued by the registered person is required to be issued invoice-wise, however, Section 34 has been amended to allow issuance of consolidated credit/debit which is in line with the best international practices2.
Q27. Is it correct to state that, Debit Note can be issued only for increasing tax liability by the supplier?
Ans. Yes. ‘Debit note’ are akin to ‘supplementary invoice’. They are issued by the supplier for recording increase in taxable value or tax charged in the supply.
Q28. I had made a supply in August. In September, the recipient decided to permit increased rate for the supply. How will I declare the debit note to the tax authorities?
Ans. Debit note should be issued with immediate effect, and the details should be declared in the return of outward supplies for the month of September.
Q29. Are there any restrictions on raising debit notes for earlier supplies?
Ans. No. Every increase in tax liability or taxable value mandates an issue of debit note.
2 Effective date Yet to be notified
Q30. What should be the contents of a tax invoice?
Ans. Normally, the tax invoice should have the following details:
- Name, address, GSTIN of the supplier
- Consecutive Serial Number not exceeding sixteen characters, unique for a financial year having alphabets, numerals and special characters being “-’’ or “ / ’’ only
- Date of Issue
- Name, address of the recipient and GSTIN/UID of the recipient, if registered
- name and address of the recipient and the address of delivery, along with the name of the State and its code, if such recipient is un-registered and where the value of the taxable supply is ` 50,000 /- or more;
- name and address of the recipient and the address of delivery, along with the name of the State and its code, if such recipient is un-registered and where the value of the taxable supply is less than ` 50,000 /- and the recipient requests that such details be recorded in the tax invoice
- HSN code of Goods or Services
- Description of Goods / Services
- Quantity and Unit(or Unique Quantity Code) in case of Goods
- Total Value of Goods and/or Services
- taxable value of Goods and Services
- Rate of Tax (Central tax, State tax, Integrated tax, Union territory tax)
- 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 the State, if the supply is an inter-State supply
- Address of delivery if different from place of supply
- Whether tax is payable on reverse charge
- Signature/Digital Signature of the Suppler or his authorized representative. Further, the provisos to Rule 46 of the CGST Rules states that:
- Where, the Board by notification, may specify - no. of digits of HSN code for goods or services that a class of registered persons shall be required to mention, and the class of registered persons that would not be required to mention the HSN code for goods or services, for such period as may be specified in the said notification.
A registered person who is liable to pay tax under section 9(3) or (4) 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, may issue a consolidated invoice at the end of a month for supplies covered under section 9(4), the aggregate value of such supplies exceeds Rs5000 in a day from any or all the suppliers.
In the case “SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ
DEVELOPER FOR AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX” or “SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ
DEVELOPER FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX” , as the case may be, and shall, in lieu of the details specified in Rule 46(e) of the CGST Rules, contain name and address of the recipient; address of delivery; and name of the country of destination.
A registered person shall issue a consolidated tax invoice at the close of each day in respect of all such supplies, where the value of the goods or services or both supplied is less than ` 200, the recipient is not a registered person; and does not require such invoice.
Q31. State the no. of digits of HSN code for goods or services that a class of registered persons shall be required to mention, as notified by the Board?
Ans. CBEC vide Notification no 12/2017- Central Tax dated June 28.06.2017 effective from July 1,2017 notified the following number of digits of Harmonized System of Nomenclature (HSN) Codes which are required to be mentioned in a tax invoice issued by a registered person having prescribed annual turnover:
Annual Turnover In The Preceding Financial Year
|
No. of digits of HSN Code
|
|
|
Upto ` 1.5 crore
|
Nil
|
|
|
More than ` 1.5 crore upto ` 5 crores
|
2
|
|
|
More than ` 5 crore
|
4
|
|
|
Q32. What are the mandatory details required in the invoice/ document issued by a Goods Transport Agency?
Ans. A GTA supplying services in relation to transportation of goods by road in a goods carriage, is required to have the following details in its invoices (in addition to other details required):
- Gross weight of the consignment
- Name of the Consignor and the Consignee
- Registration number of the goods carriage in which the goods are transported
- Details of goods transported
- Details of place of origin and destination
- GSTIN of the person liable to pay tax (whether as consignor, consignee or GTA).
Q33. What are the contents of a ‘Bill of Supply’?
Ans. A Bill of Supply should have the following details:
- Name, address, GSTIN of the supplier
- Consecutive Serial Number not exceeding sixteen characters, unique for a financial year having alphabets/ numerals and special characters being “-“ or “ / “ only
- Date of Issue
- Name, address of the recipient and GSTIN/UID of the recipient, if registered of the recipient
- HSN code of Goods or Services
- Description of Goods / Services
- Post discount/abatement value of Goods and Services
- Signature/Digital Signature of the Suppler or his authorized representative.
Further, provisos to rule 46 shall, mutatis mutandis, apply to the bill of supply.
Furthermore, 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 a bill of supply for the purposes of the Act.
Q34. What are the contents of Credit Notes, Debit Notes and Supplementary/ Revised Tax Invoices?
Ans. These documents shall contain the following details:
- Name, address, GSTIN of the supplier
- Nature of the Document – i.e., Debit Note / Credit Note / Supplementary invoice / Revised Invoice;
- Consecutive Serial Number not exceeding sixteen characters, unique for a financial year having alphabets/ numerals and special characters being “-“ or “ / “ only
- Date of Issue
- Name, address of the recipient and GSTIN/UID of the recipient, if registered
- Name and address of the recipient and address of delivery, along with the name of State and its code, if such recipient is unregistered
- Serial number and date of the corresponding tax invoice/ bill of supply
- Taxable value of goods or services, rate of tax and the amount of tax credited/ debited to the recipient
- Signature/Digital Signature of the Suppler or his authorised representative.
Q35. What are the contents of invoices issued by ISD?
Ans. The tax invoice issued by an ISD shall contain the following details:
- Name, address, GSTIN of the ISD
- Consecutive Serial Number unique for a financial year having alphabets/ numerals and special characters being “-“ or “ / “ only
- Date of Issue
- Name, address, GSTIN of the recipient to whom credit is being distributed
- Amount of Credit Distributed
- Signature/Digital Signature of the ISD or his authorised representative.
Q36. Are there any relaxations available for banking companies or a financial institutions including NBFC?
Ans. Yes. In case of the supplier being a Banking Company or a Financial Institution including NBFC or an insurer, the tax invoice would be treated as complete if it contains other information in terms of Rule 46 of CGST Rules, even in the following cases:
The invoice is not serially numbered;
he invoice does not contain the address of the recipient of taxable supply.
Also, they may issue an invoice within 45 days from the date of supply of service (as against 30 days in other cases).
Even, they may issue a consolidated tax invoice or any other document in lieu thereof, by whatever name called, for the supply of services made during a month at the end of the month, whether issued or made available, physically or electronically whether or not serially numbered, and whether or not containing the address of the recipient of taxable service but containing other information as mentioned under Rule 46.
Q37. Should suppliers of Passenger Transportation Service issue an invoice in addition to issue of tickets?
Ans. In case of such suppliers, a tax invoice will include a ‘ticket’. The invoice would be treated as complete if it contains other information in terms of Rule 46 of the CGST Rules except in the following cases:
- The invoice is not serially numbered;
- The invoice does not contain the address of the recipient of taxable supply.
Ans. Central Government vide Notification No. 45/2017 – Central Tax dated 13.10.2017 has inserted Rule 46 A under CGST Rule of issuing Invoice-cum-bill of supply. Rule 46A stipulated that: “Notwithstanding anything contained in Rule 46 or Rule 49 or rule 54,
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”
Q39. How many copies of invoice are required in case of supply of Goods?
Ans. The invoice should be prepared in triplicate. The original is for the recipient, the duplicate for the transporter and the triplicate for the supplier. The copies should be marked as ‘ORIGINAL FOR RECIPIENT’, ‘DUPLICATE FOR TRANSPORTER’ and
‘TRIPLICATE FOR SUPPLIER’, as the case may be. [Rule 48]
Q40. Whether goods can be transported without issuance of Invoice?
Ans. Yes. The consigner can issue a delivery challan instead of an invoice at the time of removal of goods for transportation in the following cases:
- supply of liquid gas where the quantity at the time of removal from the place of business of the supplier is not known,
- transportation of goods for job work,
- transportation of goods for reasons other than by way of supply, or
- such other supplies as may be notified by the Board.
Q41. What is a Receipt Voucher?
Ans. Receipt voucher is a document issued as per Section 31(3)(d) when advance is collected/- received in relation to supply of Goods or Services.
In other words, as per Section 31(3)(d) of the CGST Act, 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;
Q42. What if at the time of receipt of advance, the rate of tax or nature of supply is not determinable?
Ans. In terms of proviso to Rule 50 of the CGST Rules, where time of receipt of advance:
- the rate of tax is not determinable, the tax shall be paid at 18 %.;
- the nature of supply is not determinable, the same shall be treated as inter-State supply
Q43. How will the transporter satisfy the proper officer, if he checks the goods in movement where no invoice is required to be raised and a delivery challan suffices?
Ans. As per Rule 55 of the CGST Rules, where goods are being transported on a delivery challan in lieu of invoice. The transporter can show his delivery challan, which should inter alia, show the details of the goods, place of supply and details of the consignee.
Q44. How many copies of an invoice is required for supply of services?
Ans. For supply of Services, only two copies of the invoice are sufficient. The original is for the recipient and the duplicate for the supplier.
Q45. Can I start a fresh series of serial number for my ‘invoice’ or ‘bill of supply’ every day, e.g., 20160401-001 for April 1st and 20160402-001 for 2nd April?
Ans. The invoice rules require that the serial number should be consecutive and unique for a financial year. Hence, restarting the serial number of the invoice or ‘bill of supply’ on a daily basis would not be considered appropriate.
Q46. Are the requirements of tax invoice the same for both registered and unregistered recipients?
Ans. Yes, the requirements are the same but for one:- In case of supplies to unregistered persons, along with the name, address of the recipient and the address of delivery, the name of the State and its code will also have to be mentioned in the invoice, in case of every supply where the taxable value is ` 50,000 or more.
Q47. Is it compulsory to mention HSN Codes or SAC?
Ans. The Board/Commissioner by notification may specify the number of digits of HSN code for goods or Accounting Code for Services that a class of registered persons shall be required to mention, for such period as may be specified in the said notification
Q48. What are the special requirements of a supplementary or revised invoice?
Ans. The words ‘Revised Invoice’ should be mentioned prominently along with reference of the date and invoice number of the original invoice.
Q49. What are the specific requirements of an export supply?
Ans. The document should carry any one of the following endorsements, as applicable:
- Supply meant for export/supply to SEZ unit or SEZ developer for authorised operations on payment of integrated tax or
- Supply meant for export/supply to SEZ unit or SEZ developer for authorised operations under bond or letter of undertaking without payment of integrated tax
Also, the document should contain the following details of the recipient:
- Name and Address
- Address of Delivery
- Name of the country of Destination
Q50. Since some customers may not bear the taxes if shown separately, can a single consolidated price inclusive of all taxes be shown along with such a declaration?
Ans. The invoice rules prescribe a separate field to mandatorily mention prominently, the amount of tax and the rate of tax applicable on the price at which the supply is made. Therefore, mentioning a consolidated amount without showing the tax separately will not be valid.
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