time of dispatch

[MUNIRAJ SRINIVASAN]

Dear Sir,

My client has raised Tax invoice before 31st Mach 2018 but material has to dispatch after ist April 2018 what is legal provision for this transaction

[Rajagopalan Ranganathan]

Sir,

As per rule 46 (b) of CGST Rules, 2017 an invoice issued by a taxable person has to have a consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters hyphen or dash and slash symbolised as “-” and “/” respectively, and any combination thereof, unique for a financial year;

Therefore if the invoice is raised before 31.3.2018 and goods are removed on or after 1.4.2018 you have to cancel the old invoice and issue a fresh invoice.

[Guest]

Dear Rajagopalan Sir,

In my view, Unique for a Financial Year only means that the same invoice number should not get repeated twice during the year. Hence, I think it is not relevant for the issue under consideration.

During the next year also, if the company is planning to retain the same invoice series (which is generally highly unlikely). The supplier may end up raising two e-way bill with same invoice reference, one now and the other at the later point of time.

Correct me if I am wrong

[Alkesh Jani]

Sir, Here the issue is with regards to time of supply of goods and issuance of Invoice, the experts are invited to comment after considering the following

Time of supply of goods

As per section 31 of the CGST Act, 2017 an invoice for supply of goods needs to be issued before or at the time of removal of goods for supply to the recipient where the supply involves movement of goods. However, in other cases, invoice needs to be issued before or at the time of delivery of goods or making available goods to the recipient.

Supply of goods shall be earliest of the following dates:-

• Date of issue of invoice by the supplier. If invoice is not issued, then the last date on which supplier is legally bound to issue the invoice with respect to the supply.
• Date on which supplier receives the payment.

[Ganeshan Kalyani]

say invoice has been raised on 31st march but due to non availability of transport the said consignment is transported on 1st april which is practically possible. the only conditon or say precaution is that generate eway bill and let it be attached with the transporter.

[Guest]

Dear Experts,

Ganeshan Sir, can you please guide us regarding the date of the e-way bill. Suppose tax invoice is prepared on 31.03.2018 and due to some problem with the transport vehicles, then, should we prepare e-way bill on 31.03.2018 or the later date i.e. when the goods are moving from the factory. Secondly, can we prepare Part-A initially when the tax invoice is prepared (i.e. 31.03.2018) so that the transporter can update Part-B as and when he receives the goods at his transport go-down.

Please clarify on this issue.

Regards

[Ganeshan Kalyani]

Dear Ashok Sir, Part A of the eway bill can be filled on 31st March and whenever (within 15days) transport is ready update Part B and eway bill will be generated. Untill Part B is updated eway bill is not valid. Thanks .

[YAGAY andSUN]

E Way Bills are valid only when goods are being moved out for the purpose of supply from one place to other. Both the parts need to be filled and after that the e-way bill would attain the legal sanctity.

AI Summary

Invoice timing: invoice must align with goods removal and e way bill attains validity only when both parts are completed. Time of supply requires that an invoice for goods involving movement be issued before or at the time of removal; if an invoice is raised before removal but goods are dispatched later, the pre dated invoice may need cancellation and reissuance to comply with the invoice numbering rule for the financial year. Separately, an e way bill is valid only after both Part A and Part B are completed; Part A can be filled earlier but the bill is ineffective until Part B is updated when movement commences.