Print Rule 46 CGST Rules 2017 Archives - Tax Heal https://www.taxheal.com/tag/print-rule-46-cgst-rules-2017 Complete Guide for Income Tax and GST in India Sun, 01 Oct 2023 06:53:58 +0000 en-US hourly 1 https://wordpress.org/?v=7.1.2  Rule 46 CGST Rules 2017 : Tax invoice https://www.taxheal.com/rule-46-cgst-rules-2017.html https://www.taxheal.com/rule-46-cgst-rules-2017.html#respond Thu, 13 Jul 2017 09:34:31 +0000 http://taxheal.com/?p=38273  Rule 46 CGST Rules 2017 Summary of Rule 46 CGST Rules 2017 ( Rule 46 CGST Rules 2017 explains Tax invoice and is covered in Chapter VI Tax Invoice, Credit and Debit Notes : Inserted by the Central Goods and Services Tax (Second Amendment) Rules, 2017, w.e.f. 1-7-2017 and amended by Central Goods and Services Tax (Fourth Amendment) Rules, 2017, Central Goods and Services… Read More »

]]>  Rule 46 CGST Rules 2017

Summary of Rule 46 CGST Rules 2017

( Rule 46 CGST Rules 2017 explains Tax invoice and is covered in Chapter VI Tax Invoice, Credit and Debit Notes : Inserted by the Central Goods and Services Tax (Second Amendment) Rules, 2017, w.e.f. 1-7-2017 and amended by Central Goods and Services Tax (Fourth Amendment) Rules, 2017, Central Goods and Services Tax (Fourteenth Amendment) Rules, 2018, w.e.f. 31-12-2018.,Central Goods and Services Tax (Fifth Amendment) Rules, 2019, w.e.f. 1-9-2019, Central Goods and Services Tax (Fourth Amendment) Rules, 2019, w.e.f. 1-4-2020, Central Goods and Services Tax (Eleventh Amendment) Rules, 2020, w.e.f. 30-9-2020, Central Goods and Services Tax (Twelfth Amendment) Rules, 2020, w.e.f. 15-10-2020, Central Goods and Services Tax (Amendment) Rules, 2022, w.e.f. 5-7-2022, Central Goods and Services Tax (Fifth Amendment) Rules, 2022, w.e.f. 26-12-2022 ,Central Goods and Services Tax (Second Amendment) Rules, 2023, w.e.f. 4-8-2023. Also see Section 31 of CGST Act 2017)

 Rule 46 CGST Rules 2017

Tax invoice

Note 1 46. Subject to rule 54, a tax invoice referred to in section 31 shall be issued by the registered person containing the following particulars, namely,—

(a) name, address and Goods and Services Tax Identification Number of the supplier;
(b) 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;
(c) date of its issue;
(d) name, address and Goods and Services Tax Identification Number or Unique Identity Number, if registered, of the recipient;
(e) 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;
(f) 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;

5[Provided that where any taxable service is supplied by or through an electronic commerce operator or by a supplier of online information and database access or retrieval 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 6[name of the state of the recipient and the same shall be deemed to be the address on record of the recipient];]
(g) Harmonised System of Nomenclature code for goods or services;
(h) description of goods or services;
(i) quantity in case of goods and unit or Unique Quantity Code thereof;
(j) total value of supply of goods or services or both;
(k) taxable value of the supply of goods or services or both taking into account discount or abatement, if any;
(l) rate of tax (central tax, State tax, integrated tax, Union territory tax or cess);
(m) amount of tax charged in respect of taxable goods or services (central tax, State tax, integrated tax, Union territory tax or cess);
(n) 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; [Note-4]
(o) address of delivery where the same is different from the place of supply;
(p) whether the tax is payable on reverse charge basis; and
(q) signature or digital signature of the supplier or his authorised representative:
7[(r) Quick Response code, having embedded Invoice Reference Number (IRN) in it, in case invoice has been issued in the manner prescribed under sub-rule (4) of rule 48;]
8[(s)
a declaration as below, that invoice is not required to be issued in the manner specified under sub-rule (4) of rule 48, in all cases where an invoice is issued, other than in the manner so specified under the said sub-rule (4) of rule 48, by the taxpayer having aggregate turnover in any preceding financial year from 2017-18 onwards more than the aggregate turnover as notified under the said sub-rule (4) of rule 48-

‘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’:]
9[Provided that the Board may, on the recommendations of the Council, by notification2, 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; or
(ii) a class of supply of goods or services for which specified number of digits of Harmonised System of Nomenclature code shall be required to be mentioned by all registered taxpayers; and
(iii) the class of registered persons that would not be required to mention the Harmonised System of Nomenclature code for goods or services:]

Provided further that where an invoice is required to be issued under clause (f) 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:

3 [Provided also that in the case of the export of goods or services, the invoice shall carry an endorsement “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 clause (e), contain the following details, namely,—

(i) name and address of the recipient;
(ii) address of delivery; and
(iii) name of the country of destination: ]

Provided also that a registered person10[, other than the supplier engaged in making supply of services by way of admission to exhibition of cinematograph films in multiplex screens,]  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.
11[Provided also that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of an electronic invoice in accordance with the provisions of the Information Technology Act, 2000 (21 of 2000):]
12[Provided also that the Government may, by notification, on the recommendations of the Council, and subject to such conditions and restrictions as mentioned therein, specify that the tax invoice shall have Quick Response (QR) code.]

Notes on Amendments in Rule 46 CGST Rules 2017

12. Inserted by the Central Goods and Services Tax (Fourth Amendment) Rules, 2019, w.e.f. 1-4-2020.

11. Inserted by the Central Goods and Services Tax (Fourteenth Amendment) Rules, 2018, w.e.f. 31-12-2018.

10.Inserted by the Central Goods and Services Tax (Fifth Amendment) Rules, 2019, w.e.f. 1-9-2019.

9. Substituted by the Central Goods and Services Tax (Twelfth Amendment) Rules, 2020, w.e.f. 15-10-2020. Prior to its substitution, proviso read as under:

“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:”

8.Inserted by the Central Goods and Services Tax (Amendment) Rules, 2022, w.e.f. 5-7-2022.

7.Inserted by the Central Goods and Services Tax (Eleventh Amendment) Rules, 2020, w.e.f. 30-9-2020. [Corrected by Corrigendum G.S.R. 611(E), dated 1-10-2022]

6.Substituted for “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” by the Central Goods and Services Tax (Second Amendment) Rules, 2023, w.e.f. 4-8-2023.

5. Inserted by the Central Goods and Services Tax (Fifth Amendment) Rules, 2022, w.e.f. 26-12-2022.

4 Circular No 90/09/2019 GST Dated 18th February, 2019 Seeks to clarify situations of compliance of rule 46(n) of the CGST Rules, 2017 while issuing invoices in case of inter- State supply.

3. Substituted by the Central Goods and Services Tax (Fourth Amendment) Rules, 2017, w.e.f. 27-7-2017. Prior to its substitution, third proviso read as under :

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 INTEGRATED TAX” or “SUPPLY MEANT FOR EXPORT 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 clause (e), contain the following details, namely,—

(i) name and address of the recipient;
(ii) address of delivery; and
(iii) name of the country of destination:

2. Notified limit of annual turnover and mentioning of the Number of Digits & HSN Code, SeeNotification No. 12/2017-Central Tax, dated 28-6-2017 and Notification No. 5/2017-Integrated Tax, dated 28-6-2017.

 Rule 46 CGST Rules 2017

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