THE CENTRAL GOODS AND SERVICES TAX ACT, 2017
TAX INVOICE, CREDIT AND DEBIT NOTES
Section 31: Tax invoice. (Relevant Rules 46 to 55A)
(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:
1[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'
(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.]
[helldod old[Provided that the 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.] helldod]
(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 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 subsection (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.
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.
1. Substituted Vide: Section 123 of Finance Act 2020 vide Notification No. 92/2020 - Central Tax (w.e.f. 01.01.2021)