Section 31. Tax
invoice.-
(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.]
(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
subsection (4) of section 9 shall 2[, within the period as may be prescribed,]
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.
2[Explanation.––For
the purposes of clause (f), the expression “supplier who is not registered”
shall include the supplier who is registered solely for the purpose of
deduction of tax under section 51.]
(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.
