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Debit & credit notes under GST

Jayant Panchbhai
Proposed GST Act Section 31: Only Suppliers Can Issue Credit/Debit Notes, Clarification Needed on Purchase Returns in Section 32 Section 31 of the proposed GST Act specifies that only suppliers can issue credit or debit notes for goods and services supplied. If a recipient raises a debit note due to short supply or rejection, it must be reflected in monthly returns, but cannot be included in GSTR 1 or GSTR 2 unless issued by the supplier. This creates an issue if GST is charged on a debit note not reflected in returns due to the supplier not issuing a credit note. Section 32 indicates outward supplies should include invoices and debit notes, but clarification is needed on treating purchase returns as outward supplies. (AI Summary)

Section 31 of proposed GST Act states that credit or debit notes will be raised by the supplier who has supplied such goods and / or services. Thus in case where  Vendor - supplier -  has supplied material & debit note is raised by recipient for short supply or rejection where such debit note raised has to be reflected in monthly returns. This cannot be reflected in GSTR 1 under details of credit / debit notes as what is to be reflected under this section is debit/credit notes only if issued as supplier.

Neither this can be reflected in GSTR 2 under details of credit/debit notes as this is an auto populated section based on GSTR 1 filed by counterparty.

Thus in my opinion unless the supplier - Vendor - raises credit note this cannot be relected in GSTR 1 or GSTR 2.

What would happen to debit note raised on which GST has been charged but not reflected in our return for non issuance of credit note by Vendor - supplier & GST not paid by us..

Sec.32 which talks about furnishing details of outward supplies . Explanation to section says that outward supplies shall include invoices , debit notes etc in relation to outward supplies.

Thus is purchase return should be treated as outward supply & reflected in GSTR 1 , which however seems incorrect as GSTR 1 should include debit notes raised as supplier.

Clarification should be given to sort out this case as Vendor - supplier - would not issue credit note immediately based on our debit note. Further for accounting also we would have to raise debit note on vendor inabsence of which this would result in excess payment to vendor - supplier.

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