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Penalties u/s 125 and 122 for incomplete details in Tax Invoice
Under Goods and Service Tax regime, a bill plays an important role as this document captures every detail about transactions like supplier details, recipient information, goods description, GST tax rates, etc. Every transaction is needed to be made under a cover of the bill.
Section 31 of Central Goods and Service Tax Act, 2017 read with Rule 46 of Central Goods and Service Tax Rules, 2017 contains provisions about tax invoice, i.e., the due date of issuing of tax invoice and contents of a tax invoice.
As per Rule 46(n) of CGST Rules, the tax invoice must include a place of supply in addition to the name of the state. This information enables the government to decide the consuming state of goods or services and accordingly, the government can make proper allocation of GST among Centre and state.
However, it has been observed by the board under the GST Audit process that a number of registered persons (especially banking, insurance and telecom sector, etc.) have not provided the discussed place of state and name of the state on the tax bill.
Accordingly, the GST department has instructed vide circular 90/09/2019-GST dated 18th February 2019 that all registered taxpayers are needed to mention the place of supply and name of the state on tax invoice while making the inter-state supply. Contravention will lead to the appeal of penalty proceedings against the taxpayer under section 122 or 125 of the CGST Act.
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