Rule-46A- Invoice cum Bill of Supply
According to GST law, every registered person under GST is required to issue tax invoice for supply of taxable goods or services made by him. However, if any registered person makes supply of exempted goods or services, he need to issue a “Bill of Supply” in place of tax invoice.
However, a question arises as to what should be done where a registered person makes supply of both taxable as well as exempted goods or services.
The answer to this question lies in Rule-46A of the CGST Rules. Rule-46A of the CGST Rules states as below:
|
Notwithstanding anything contained in rule 46 or rule 49 or rule 54, where a registered person is supplying taxable as well as exempted goods or services or both to an unregistered person, a single “invoice-cum-bill of supply” may be issued for all such supplies. |
* Rule-46 deals with tax invoice
* Rule-49 deals with Bill of Supply
* Rule-54 deals with tax invoice in special cases
The above rule-46A was inserted in the CGST Rules vide Notification No. 45/2017- Central tax dated 13-10-2017.
Understanding Rule-46A:
- Rule-46A applies in the cases where a registered person makes supply of both taxable as well as exempted goods or services.
- Rule-46A is applicable in the cases where the supplies are made to unregistered persons i.e. B2C supplies.
- In simple words, where a registered person makes supply of both taxable as well as exempted goods or services to an unregistered person (B2C), he can issue “Invoice cum Bill of Supply”.
- Please note that Rule-46A is not applicable where supply is made by a registered person to another registered person (B2B).
Further, a proviso has been inserted to Rule-46A vide Notification No. 26/2022- central tax dated 26-12-2022 as follows:
“Provided that the said single “invoice-cum-bill of supply” shall contain the particulars as specified under rule 46 or rule 54, as the case may be, and rule 49”.
Rule 46A has a “Non obstante clause” which overrides the provisions contained in Rule 46, Rule 49 & Rule 54. These 3 rules provide for the contents which should form part of a tax invoice (Rule 46) or bill of supply (Rule 49) or tax invoice in special cases (Rule 54). Thus, there was no specific manner or format of issuing “Invoice cum Bill of Supply”. Therefore, a proviso has been inserted by the above notification that the “Invoice cum Bill of Supply” should contain the particulars or information as specified in these 3 rules namely Rule 46 or 54 or 49.
Disclaimer: The above article is meant for educational purposes only. This article does not have any legal or corroborative value. Taxwink is not responsible for any loss or damage caused to any person from the use of any information contained in this article. Readers therefore, are requested to act diligently and under consultation of any professional before applying the information contained in this article. For any user support mail at: support@taxwink.com
