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IRN on E Invoice

AdvMurari Kumar

Hi,

As we are in E Invoicing regime and we all aware that IRN generation is mandatory where applicable.

Please suggest that is there any timeline for generating IRN. For example in my view June 22 month invoice IRN can be generated before filing GSTR-1 of the same month that is 11th July 22.

Please suggest yours views.

IRN generation timing: generate IRN when the invoice is issued because invoice validity and input tax credit depend on timely IRN creation. There is no separate statutory timeline for IRN generation, but a valid invoice under rule 48 requires obtaining an IRN by uploading prescribed particulars; possession of a tax invoice is necessary for input tax credit and for movement documentation, so IRN timing affects invoice validity and downstream compliance. (AI Summary)
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Amit Agrawal on Jul 5, 2022

While there is no specific timeline is given for generation of IRN, it is always better not to delay the same. Some of the reasons are listed below:

Relevant portion of sub-rule (4) & (5) of rule 48 reads as follows:

"(4) The invoice shall be prepared by such class of registered persons as may be notified by the Government, on the recommendations of the Council, by including such particulars contained in FORM GST INV-01 after obtaining an Invoice Reference Number by uploading information contained therein on the Common Goods and Services Tax Electronic Portal in such manner and subject to such conditions and restrictions as may be specified in the notification.

...............................

(5) Every invoice issued by a person to whom sub-rule (4) applies in any manner other than the manner specified in the said sub-rule shall not be treated as an invoice."

In terms of Section 16 (2) (a), no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed.

Similarly, for movement of goods, tax-invoice needs to be accompanied u/r 138A (1) (a).

And so on ...

So for all practical purpose, it is better not to postpone generation on IRN once invoice is otherwise ready in my view.

These are strictly personal views of mine and the same should not be construed as professional advice / suggestion.

AdvMurari Kumar on Jul 5, 2022

Agreed with the fact shared, since there is no any notification we can compromise by delaying.

Thanks

Shilpi Jain on Jul 9, 2022

The IRN should be generated within the time the invoice is to be raised. i.e. the time limit mentioned in the law for issue of invoice will be applicable to the generation of IRN since without generating this there will not be a valid invoice.

AdvMurari Kumar on Jul 14, 2022

Agreed,

But why portal is allowing to generated the IRN if invoice date is beyond.

for example in case of service always invoice made after month end by mentain invoice date 30th or 31st but IRN date is after then.

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