Direct & Indirect Taxes, Tax Ready Reckoner, Tax Management, Tax Act. & Rules, Tax Planning & Tax Savings.

Direct & Indirect Taxes, Tax Ready Reckoner, Tax Management, Tax Act. & Rules, Tax Planning & Tax Savings.

Chapter VI of Central Goods and Services (CGST) Rules, 2017

Chapter VI of Central Goods and Services (CGST) Rules, 2017 has laid down various rules relating to—

(1)        CGST Rule 46- Tax Invoice;

(2)        CGST Rule 47- Time Limit for Issuing Tax Invoice;

(3)        CGST Rule 48- Manner of Issuing Invoice;

(4)        CGST Rule 49- Bill of Supply,

(5)        CGST Rule 50- Receipt Voucher;

(6)        CGST Rule 51- Refund Voucher;

(7)        CGST Rule 52- Payment Voucher;

(8)        CGST Rule 53- Revised Tax Invoice and Credit or Debit Notes;

(9)        CGST Rule 54- Tax Invoice in Special Cases

(10)      CGST Rule 55- Transportation of Goods Without Issue of Invoice.

Chapter VI of Central Goods and Services (CGST) Rules, 2017
Chapter VI of Central Goods and Services (CGST) Rules, 2017

1.   CGST Rule 46- ‘Tax Invoice’

Subject to Rule 54 , a Tax Invoice referred to in Section 31 shall be issued by the Registered Person containing the following particulars namely –

1. Name, Address, and Goods and Services  Tax Identification Number of the Supplier ;
2. A consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters- hyphen or dash and slash symbolized as “-“ and “I” respectively, and any combination thereof, unique for a financial year;
3. Date of its issue;
4. Name, address and Goods and Services Tax Identification Number or Unique Identity Number, if registered, of the recipient;
5. 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 fifty thousand rupees or more;
6. 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 fifty thousand rupees and the recipient requests that such details be recorded in the tax invoice;
7. Harmonized System of Nomenclature code for goods or services;
8. Description of goods or services;
9. Quantity in case of goods and unit or Unique Quantity Code thereof;
10. Total value of supply of goods or services or both;
11. Taxable value of the supply of goods or services or both taking into account discount or abatement, if any;
12. Rate of tax (central tax, State lax, integrated tax, Union territory tax or cess);
13. Amount of tax charged in respect of taxable goods or services (central tax, State tax, integrated tax, Union territory tax or cess);
14. Place of supply along with the name of the State, in the case of a supply in the course of inter-State trade or commerce;
15. Address of delivery where the same is different from the place of supply;
16. Whether the tax is payable on reverse charge basis; and
17. Signature or digital signature of the supplier or his authorized representative:
18.

Provided that the Board may. on the recommendations of the Council, by notification, specify

(i)               the number of digits of Harmonised System of Nomenclature code for goods or services that a class of registered persons shall be required to mention, for such period as may be specified in the said notification; and

(ii)  the class of registered persons that would not be required to mention the Harmonised System of Nomenclature code for goods or services, for such period as may be specified in the said notification:

Provided further that where an invoice is required to be issued under clause (I) of sub-section (3) of section 31, a registered person may issue a consolidated invoice at the end of a month for supplies covered under sub-section (4) of section 9, the aggregate value of such supplies exceeds rupees five thousand in a day from any or all the suppliers:

Provided also that in the case of the export of goods or services, the invoice shall carry an endorsement “SUPPLY MEANT FOR EXPORT ON PAYMENT OF LNTEGRATED TAX” or “SUPPLY MEANT FOR EXPORT UNDER BOND OR LETFER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX”, as the case may be, and shall, in lieu of the details specified in clause (c), contain the following details, namely,

(a)        name and address of the recipient:

(b)        address of delivery; and

(c)        name of the country of destination:

Provided also that a registered person may not issue a tax invoice in accordance with the provisions of clause (b) of sub-section (3) of section 31 subject to the following conditions. namely,—

(a)        the recipient is not a registered person; and

(b)        the recipient does not require such invoice, and

shall issue a consolidated tax invoice for such supplies at the close of each day in respect of all such supplies.

Invoice-Cum-Bill of Supply [Rule 46A]-

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.

2.   CGST Rule 47- Time Limit for Issuing Tax Invoice;

The invoice referred to in rule 46, in the case of the taxable supply of services, shall be issued within a period of 30 days from the date of the supply of service:

Provided that where the supplier of services is an insurer or a banking company or a financial institution, including a non-banking financial company, the period within which the invoice or any document in lieu thereof is to be issued shall be 45 days from the date of the supply of service:

Provided further that an insurer or a banking company or a financial institution, including a non-banking financial company, or a telecom operator, or any other class of supplier of services as may be notified by the Government on the recommendations of the Council, making taxable supplies of services between distinct persons as specified in section 25, may issue the invoice before or at the time such supplier records the same in his books of account or before the expiry of the quarter during which the supply was made.

3.   CGST Rule 48- Manner of ‘Issuing Tax Invoice’

(1)        The invoice shall be prepared in triplicate, in the case of supply of goods, in the following manner. namely,-

(a)  the original copy being marked as ORIGINAL FOR RECIPIENT;

(b)  the duplicate copy being marked as DUPLICATE FOR TRANSPORTER; and

(c)  the triplicate copy being marked as TRIPLICATE FOR SUPPLIER.

(2)        The invoice shall be prepared in duplicate, in the case of the supply of services, in the following manner. namely,-

(a)  the original copy being marked as ORIGINAL FOR RECIPIENT; and

(b)  the duplicate copy being marked as DUPLICATE FOR SUPPLIER.

(3)        The serial number of invoices issued during a tax period shall be furnished electronically through the common portal in FORM GSTR-1.

4.   CGST Rule 49 – ‘Bill Of Supply’ (BOS)

A Bill Of Supply referred to in Section 31(3)(c) shall be issued by the supplier containing the following details, namely,-

1. Name, address and Goods and Services Tax Identification Number of the supplier;
2. 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, symbolised as “ – “ and “/ “ respectively, and any combination thereof, unique for a financial year;
3. Date of its issue;
4. Name, address and Goods and Services Tax Identification Number or Unique Identity Number, if registered, of the recipient:
5. Harmonised System of Nomenclature Code for goods or services; (1) description of goods or services or both;
6. Value of supply of goods or services or both taking into account discount or abatement, if any; and
7. Signature or digital signature of the supplier or his authorised representative:

Provided that the provisos to Rule 46 shall. mutatis mutandis. apply to the bill of supply issued under this Rule:

Provided further that 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.

5.   CGST Rule 50- Receipt Voucher

Provisions under Rule 50 of the Central Goods and Services Tax (CGST) Rules, 2017 relating to “Receipt Voucher”, are as under:

A receipt voucher referred to in clause (d) of sub-section (3) of section 31 shall contain the following particulars, namely,-

1. Name, address and GSTIN of the supplier.
2. 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 symbolised as “-” and “/” respectively, and any  combination thereof, unique for a financial year).
3. Date of its issue.
4. Name, address and GSTIN or UIN, if registered, of the recipient.
5. Description of goods or services.
6. Amount of advance taken.
7. Rate of tax (CGST, SGST, ITGST, UTGST or GST cess).
8. Amount of tax charged in respect of taxable goods or services (CGST, SGST, ITGST, UTGST or GST cess).
9. 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.
10. Whether the tax is payable on reverse charge basis.
11. Signature or digital signature of the supplier or his authorised representative.

The following points should be noted –

1.   Rate of tax not determinable –

If the rate of tax is not determinable, the tax shall be paid at the rate of 18 per cent.

2.   Nature of supply not determinable –

If the nature of supply is not determinable, the same shall be treated as interState supply.

3.   GST on advance payment –

GST is payable on receipt of advance payment. However, the Government has given  a concession in the case of small taxpayers (having turnover of Rs. 1.5 crore or less) (with effect from October 13,  2017) and in the case of all taxpayers (with effect from November 15, 2017). After this concession, GST is not  payable on receipt of advance payment in the case of supply of goods (no such concession is given in the case  of supply of services).

6.   CGST Rule 51- Refund Voucher

Provisions under Rule 51 of the Central Goods and Services Tax (CGST) Rules, 2017 relating to “Refund Voucher”, are as under:

A refund voucher referred to in clause (e) of sub-section (3) of section 31 shall contain the following particulars, namely:-

Advance payment is received by a registered dealer and receipt voucher is issued by him to the recipient  of supply. But subsequently no supply is made and no tax invoice is issued. The said registered person may issue  to the other party, a refund voucher against such payment. A refund voucher shall contain the following  particulars –

1. Name, address and GSTIN of the supplier.
2. 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 symbolised as “-” and “/” respectively, and any  combination thereof, unique for a financial year).
3. Date of its issue.
4. Name, address and GSTIN or UIN, if registered, of the recipient.
5. Number and date of receipt voucher issued.
6. Description of goods or services in respect of which refund is made.
7. Amount of refund made.
8. Rate of tax (CGST, SGST, ITGST, UTGST or GST cess).
9. Amount of tax paid in respect of such goods or services (CGST, SGST, ITGST, UTGST or GST cess).
10. Whether the tax is payable on reverse charge basis.
11. Signature or digital signature of the supplier or his authorised representative.

7.   CGST Rule 52- Payment Voucher

Provisions under Rule 52 of the Central Goods and Services Tax (CGST) Rules, 2017 relating to “Payment Voucher”, are as under:

A payment voucher referred to in clause (g) of sub-section (3) of section 31 shall contain the following particulars, namely:-

A registered person (who is liable to pay tax under reverse charge mechanism) shall issue a payment  voucher at the time of making payment to the supplier. A payment voucher shall contain the following  particulars –

1. Name, address and GSTIN of the supplier, if registered.
2. 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 symbolised as “-” and “/” respectively, and any  combination thereof, unique for a financial year).
3. Date of its issue.  d. Name, address and GSTIN of the recipient.
4. Description of goods or services.
5. Amount paid.
6. Rate of tax (CGST, SGST, ITGST, UTGST or GST cess).
7. Amount of tax payable in respect of taxable goods or services (CGST, SGST, ITGST, UTGST or GST cess).
8. 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.
9. Signature or digital signature of the supplier or his authorised representative.

8.   CGST Rule 53- ‘Revised Tax Invoice’ and ‘Credit or Debit Notes’;

Provisions under Rule 53 of the Central Goods and Services Tax (CGST) Rules, 2017 relating to “Revised Tax Invoice and Credit or Debit Notes”, are as under:

(1)        A registered person may, within 1 month from the date of issuance of certificate of registration, 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. A revised tax invoice referred to in section 31  shall contain the following particulars, namely:- –

1. The word “Revised invoice”, wherever applicable, indicated prominently.
2. Name, address and GSTIN of the supplier.
3. Nature of the document.
4. 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 symbolised as “-” and “/” respectively, and any  combination thereof, unique for a financial year).
5. Date of issue of the document.
6. Name, address and GSTIN or UIN, if registered, of the recipient.
7. Name and address of the recipient and the address of delivery, along with the name of State and its code, if such  recipient is unregistered.
8. Serial number and date of the corresponding tax invoice/bill of supply.
9. Value of taxable supply of goods or services, rate of tax and the amount of the tax credited/debited to the recipient.
10. Signature or digital signature of the supplier or his authorised representative.

(1A) A credit or debit note referred to in section 34 shall contain the following particulars, namely:–

1. name, address and Goods and Services Tax Identification Number of the supplier;
2. nature of the document;
3. 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 symbolised as “-” and “/” respectively, and any combination thereof, unique for a financial year;
4. date of issue of the document;
5. name, address and Goods and Services Tax Identification Number or Unique Identity Number, if registered, of the recipient;
6. 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;
7. serial number(s) and date(s) of the corresponding tax invoice(s) or, as the case may be, bill(s) of supply;
8. 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; and
9. signature or digital signature of the supplier or his authorised representative.

(2)        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:

Provided that the registered person may issue a consolidated revised tax invoice in respect of all taxable supplies made to a recipient who is not registered under the Act during such period:

Provided further that in the case of inter-State supplies, where the value of a supply does not exceed two lakh and fifty thousand rupees, a consolidated revised invoice may be issued separately in respect of all the recipients located in a State, who are not registered under the Act.

(3)        Any invoice or debit note issued in pursuance of any tax payable in accordance with the provisions of section 74 or section 129 or section 130 shall prominently contain the words “INPUT TAX CREDIT NOT ADMISSIBLE”.

9.   CGST Rule 54- Tax Invoice in Special Cases

Provisions under Rule 54 of the Central Goods and Services Tax (CGST) Rules, 2017 relating to “Tax Invoice in Special Cases”, are as under:

1.     Input Service Distributor –

An Input Service Distributor invoice (or an Input Service Distributor credit  note) issued by an Input Service Distributor shall contain the following details –

1. Name, address and GSTIN of the Input Service Distributor.
2. 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 symbolised as “-” and “/” respectively, and any  combination thereof, unique for a financial year).
3. Date of its issue.
4. Name, address and GSTIN of the recipient to whom the credit is distributed.
5. Amount of the credit distributed.
6. Signature or digital signature of the Input Service Distributor or his authorised representative.

 

Note –

Where the Input Service Distributor is an office of a banking company or a financial institution, including  a non-banking financial company, a tax invoice shall include any document in lieu thereof, by whatever name  called. It may (or may not) be serially numbered but it should contain the information as mentioned above.

2.     Transfer of common Credit to Input Service Distributor –

A registered person (having the same PAN and  State code as an Input Service Distributor) may issue an invoice (or a credit or debit note) to transfer the credit  of common input services to the Input Service Distributor, which shall contain the following details —

1. Name, address and GSTIN of the registered person (having the same PAN and same State code as the Input Service  Distributor).
2. 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 symbolised as “-” and “/” respectively, and any  combination thereof, unique for a financial year).
3. Date of its issue.
4. GSTIN of supplier of common service and original invoice number whose credit is sought to be transferred to the  Input Service Distributor.
5. Name, address and GSTIN of the Input Service Distributor.
6. Taxable value, rate and amount of the credit to be transferred.
7. Signature or digital signature of the registered person or his authorised representative.

 

Note –

The taxable value in the above invoice shall be the same as the value of the common services.

3.     Service supplied by Insurer, Bank, etc. –

Rule 54(2) covers the case when supplier of taxable service is  an insurer or a banking company or a financial institution or a non-banking financial company. In these cases,  supplier may issue a consolidated tax invoice (or any other document in lieu thereof) for the supply of services  made during a month. This invoice should be issued at the end of the month. It may be issued/made available  in paper format or electronically. It may (or may not) be serially numbered. It may (or may not) contain the  address of the recipient of taxable service.

4.     Goods Transport Agency –

Rule 54(3) covers the case when supplier of taxable service is a goods transport  agency. It supplies services in relation to transportation of goods by road in a goods carriage. The said supplier  shall issue a tax invoice (or any other document in lieu thereof). It should contain the following –

– Gross weight of the consignment.

– Name of the consigner and the consignee.

– Registration number of goods carriage in which the goods are transported.

– Details of goods transported.

– Details of place of origin and destination.

– GSTIN of the person liable for paying tax (whether as consigner, consignee or goods transport agency).

5.     Passenger Transport Service –

Rules 54(4) covers the case when a person is supplying passenger  transportation service. In this case, a tax invoice shall include ticket in any form (by whatever name called)  whether (or not) serially numbered. It may (or may not) contain the address of the recipient of service but it  should contain other information

10. CGST Rule 55- Transportation of Goods without Issue of Invoice

(1) Rule 55 provides special provisions which are applicable for the purposes of :

(a)        supply of liquid gas where the quantity at the time of removal from the place of business of the supplier is not known,

(b)        transportation of goods for job work,

(c)        transportation of goods for reasons other than by way of supply, or

(d)        such other supplies as may be notified by the Board.

Delivery Challan :       

In this case, the consigner may issue a delivery challan serially numbered not exceeding 16 characters, in one or multiple series, in lieu of invoice at the time of removal of goods for transportation, containing the following details, namely:

1. date and number of the delivery challan;
2. name, address and Goods and Services Tax Identification Number of the consigner, if registered;
3. name, address and Goods and Services Tax Identification Number or Unique Identity Number of the consignee, if registered;
4. Harmonised System of Nomenclature code and description of goods;
5. quantity (provisional, where the exact quantity being supplied is not known);
6. taxable value:
7. tax rate and tax amount — central tax. State tax, integrated tax, Union territory tax or cess, where the transportation is for supply to the consignee;
8. place of supply, in case of inter-State movement; and
9. signature.

(2)          Manner of Issuing Delivery Challan :       The Delivery Challan shall be prepared in Triplicate, in case of Supply Of Goods, in the following manner. namely:—

(a)        the original copy being marked as ORIGINAL FOR CONSIGNEE;

(b)        the duplicate copy being marked as DUPLICATE FOR TRANSPORTER and

(c)        the triplicate copy being marked as TRIPLICATE FOR CONSIGNER.

(3)          Tax Invoice after Delivery of Goods :

Where goods are being transported on a delivery challan in lieu of invoice, the same shall be declared as specified in rule 138.

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.

(4)          Goods in SKD / CKD condition : 

Where the goods are being transported in a Semi Knocked Down or completely Knocked Down Condition

(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)        each consignment shall be accompanied by copies of the corresponding delivery challan 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.

(5)          CGST Rule 55A- Tax Invoice or Bill of Supply to accompany Transport of Goods

The person-in-charge of the conveyance shall carry a copy of the tax invoice or the bill of supply issued in accordance with the provisions of rules 46, 46A or 49 in a case where such person is not required to carry an e-way bill under these rules.

See also  GST Liability on Composite and Mixed Supplies of Goods or Services [Section 8 of CGST Act, 2017]
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