Question76: As per Rule-36 we can take
ITC on following documents :
(a) an invoice issued by the supplier of goods or services or both in accordance
with the provisions of section 31; <file:///C:\Program%20Files\lawcrux\LAWCRUX-GST\main\lcxcopyrightfoldert\tt6\bin\gtcgst\CGST_BILL_17_SEC_31.htm>
(b) an invoice issued in accordance with the provisions of clause (f) of
sub-section (3) of section 31; <file:///C:\Program%20Files\lawcrux\LAWCRUX-GST\main\lcxcopyrightfoldert\tt6\bin\gtcgst\CGST_BILL_17_SEC_31.htm>subject
to the payment of tax
(c) a debit note issued by a supplier in accordance with the provisions of
section 34 <file:///C:\Program%20Files\lawcrux\LAWCRUX-GST\main\lcxcopyrightfoldert\tt6\bin\gtcgst\CGST_BILL_17_SEC_34.htm>;
(d) a bill of entry or any similar document prescribed under the Customs Act,
1962 or rules made thereunder for the assessment of integrated tax on imports;
(e) an Input Service Distributor invoice or Input Service Distributor credit
note or any document issued by an Input Service Distributor in accordance with
the provisions of sub-rule (1) of rule 54 <file:///C:\Program%20Files\lawcrux\LAWCRUX-GST\main\lcxcopyrightfoldert\tt6\bin\temp\cgst_rule_54.htm>
What is the prescribe document for taking ITC on payment of GST in RCM of
registered dealer.
As per (b) of Rule 36
(b) an invoice issued in accordance with the provisions of clause (f) of
sub-section (3) of section 31; <file:///C:\Program%20Files\lawcrux\LAWCRUX-GST\main\lcxcopyrightfoldert\tt6\bin\gtcgst\CGST_BILL_17_SEC_31.htm>,
subject to the payment of tax;
As per clause (f) of sub-section (3) of section 31; <file:///C:\Program%20Files\lawcrux\LAWCRUX-GST\main\lcxcopyrightfoldert\tt6\bin\gtcgst\CGST_BILL_17_SEC_31.htm>
as under only for unregistered
f) a registered person who is liable to pay tax under sub-section (3) or
sub-section (4) of section 9 <file:///C:\Program%20Files\lawcrux\LAWCRUX-GST\main\lcxcopyrightfoldert\tt6\bin\temp\CGST_BILL_17_SEC_09.htm>
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;
Answer Please note that your question itself contained reply to it and
you already arrived to reply
Rule 36 says ( ) an invoice issued by the supplier of goods or services or both
in accordance with the provisions of section 31
and
Section 31 requires to issue invoice and contained that
(f) a registered person who is liable to pay tax under sub-section (3) or
sub-section (4) of section 9
This means credit is against the invoice generated by the receiver of service
This requirement is made because the total process in GST is on portal base to
take credit some tax paying document is required on the portal since the
supplier is not paying tax so his document can't be used so the provision to
generate invoice at the receiver end are framed in law (Reply dt. 27/3/2018)