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?

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).

(ICAI FAQ PUBLICATION 06-09-2017 -: Tax Invoice, Credit and Debit Notes : FAQ NO. 12)

 

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?

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.

(ICAI FAQ PUBLICATION 06-09-2017 -: Tax Invoice, Credit and Debit Notes : FAQ NO. 10)

 

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?

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).

(ICAI FAQ PUBLICATION 06-09-2017 -: Tax Invoice, Credit and Debit Notes : FAQ NO. 10)

 

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

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.

(ICAI FAQ PUBLCATIONS 06-09-2017 TAX INVOICE, CREDIT AND DEBIT NOTES: FAQ NO. 42)

Are the requirements of tax invoice the same for both registered and unregistered recipients

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.

(ICAI FAQ PUBLICATIONS 06-09-2017 TAX INVOICE, CREDIT AND DEBIT NOTES: FAQ NO. 43)

What is the invoice or other documentation required in case reverse charge cases?

Where the tax liability is cast on the recipient, either:
 in case of specified categories of supply of goods or services or both notified by the Government
OR
 where the supplier of goods or services or both is unregistered, the recipient 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;
 a payment voucher at the time of making payment to the supplier.

(ICAI FAQ PUBLICATION 06-09-2017 -: Tax Invoice, Credit and Debit Notes : FAQ NO. 8)

 

Is it compulsory to mention HSN Codes or SAC

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.

(ICAI FAQ PUBLICATIONS 06-09-2017 TAX INVOCIE, CREDIT AND DEBIT NOTES: FAQ NO. 44)

Do I have to issue an invoice even if I remove goods for ‘sale on approval basis’?

  1. In such cases, as per section 31(7) of the CGST Act, 2017, tax invoice need not be raised at the time of removal.
  2. This is because it is not certain (at the time of dispatch of goods) that the sending of goods will result in a ‘supply’.
  3. However, on or before the confirmation of the supply by the other party, the tax invoice has to be issued.
  4. The law provides a time limit of 6 months from the date of removal, during which the goods will not be treated as supplied.
  5. Where no confirmation is received within such period, a tax invoice should be issued on the day immediately succeeding the 6-month period.

(ICAI FAQ PUBLICATION 06-09-2017 -: Tax Invoice, Credit and Debit Notes : FAQ NO. 7)