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Issue ID : 116575
- 0 -

IS SELF INVOICE IS REQUIRED FOR BOTH SEC-9(3) & 9(4)

Date 26 Jul 2020
Replies4 Answers
Views 3947 Views
Asked By

Dear Sirs,

Is self invoice is required for all the instances of the sec-9(3) and sec-9(4).

In second proviso to Rule-46 says that , for the unregistered supplier case only then said that the invoice is required.

Example:

Renting of motor vehicle service provided by registered supplier to the registered body corporate (recipient).

Here the Body corporate is required to maintain the self invoice or not ??

Thanking in advance

Regards

Gowtham

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- 0
Replied on Jul 26, 2020
1.

Section 31(3)(f) speaks about payment of tax under RCM (which are covered under Sec. 9(3) & u/s 9(4)) , to issue invoice to himself i.e. self invoice.

Therefore, issuing of self invoice is covered under bot +roviso referred by you.

- 0
Replied on Jul 26, 2020
2.

Yes, it is mandatory under the provisions of GST Laws.

- 0
Replied on Jul 26, 2020
3.

As per Section 31 (3) (f) :- "a registered person who is liable to pay tax under sub-section (3) or sub-section (4) of section 9 shall issue an invoice in respect of goods or services or both received by him from the supplier who is not registered on the date of receipt of goods or services or both;

It is very much clear that issuance of self-invoice under Section 31 (3)(f) of CGST Act is applicable for sub-sections (3 ) & (4) both of Section 9 of CGST Act. Self-invoice is to be issued by the recipient only if the supplier is unregistered, otherwise not required.

In the example cited by you, as the provider of service (Renting of motor vehicle) is registered, the service receiver, may be body corporate, is not required to raise self invoice.

- 0
Replied on Jul 27, 2020
4.

I agree with the experts view. Self-invoice is required for both the cases where purchases are from unregistered person. U/s 9(3) some services are enumerated and u/s 9(4) some goods are listed which when purchased from URD the purchaser has to pay tax under RCM. Where still 9(3) is there, 9(4) is only for construction related purchases.

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