[Opinion] GSTN Advisory – A confused tax administration!

 ​    Ritesh Arora – [2023] 150 … Continue reading “[Opinion] GSTN Advisory – A confused tax administration!”
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Ritesh Arora – [2023] 150 taxmann.com 38 (Article)

Two advisories dated April 12th, 2023 and April 13th, 2023 have been issued by the GSTN in respect of the time limit for reporting Invoices on the IRP Portal. It has been informed that the Government has decided to impose a time limit on reporting documents for which IRN is to be generated (invoices, credit notes, and debit notes).

Let us discuss this advisory:-

1. How this advisory is without legal backing?

As per Rule 48(4), E-invoice is currently applicable for suppliers having turnover exceeding 10 Crores in any previous financial year. (Notification

No. 17/2022- Central Tax dated August 01, 2022, as amended AATO from time to time)

Rule 46(r) requires a quick response code having an embedded Invoice Reference Number (IRN) in it, in case the invoice is issued in the manner prescribed under Rule 48(4).

As per section 31 of the CGST Act, 2017, read with Rule 46(r), Rule 48(4), Rule 48(5), and Notification No. 17/2022- Central Tax (as amended from time to time), a registered Person whose aggregate turnover exceeds Rs. 10 Crores in any previous Financial Year is required to issue an E-invoice.

The law clearly prescribes the time limit for the issue of an E-invoice, giving the time limit o issue IRN after the issuance of the tax invoice is contrary to the law. Further, any invoice issued by the taxpayer for whom E-invoicing provisions apply, other than E-invoice is not a valid invoice.

In this article, the author has discussed the implications and legal validity of the advisory issued by GSTN since the administrators have bypassed the legislation and issued advisory contrary to the statute and rules made thereunder.

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