Regarding issue of E-invoice

[Jasbir Uppal]

Dear professionals,

That the manual invoice for export was made on 29 Sep 2023 but the e-invoice will be generated on 3rd Oct and the movement of goods will happen post issuance of e-invoice and E-way bill.

My query is that in which tax period the goods will be entered on GST portal and considered as sale in the month of Oct. 2023, it is deemed export sale.

Thanks & Regards

J S Uppal

Advocate

[KASTURI SETHI]

Sale will be considered in October, 2023.

[Ganeshan Kalyani]

Sir, in books of accounts are you considering this export in September 2023 as invoice is raised in September 2023 or in October 2023.

[Padmanathan KV]

Pls find Rule 48

(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.

Provided that the Commissioner may, on the recommendations of the Council, by notification, exempt a person or a class of registered persons from issuance of invoice under this sub-rule for a specified period, subject to such conditions and restrictions as may be specified in the said 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.

Therefore, only when the e-invoice is generated, it shall be considered as invoice. Appropriate tax period in your case is Oct 2023.

[KASTURI SETHI]

Sh.Padmanathan Kollengode Ji,

Perfect reply indeed. Thanks a lot.

[Jasbir Uppal]

Thanks to all my professional bro. for giving valuable opinion on the quarry

With Regards

J.S. Uppal

[Shilpi Jain]

Reply given is assuming that you have crossed the aggregate turnover limit to issue the e-invoice which presently is Rs. 5 crores.

Even otherwise, what happens is that if the e-invoice was generated with date as 20-Sep, then it would mean that the invoice is dated in Sep itself.

Today the e-invoice portal allows issuing/generating back-dated invoice also.

[Shilpi Jain]

Can I know the reason why you are concerned about when is it a sale under GST? Is it for disclosure in the returns?

And if your e-invoice is generated with date in Sep then it will have to be disclosed in the Sep returns.

[Jasbir Uppal]

In export of goods in some case advance booking of container the detail of Invoice to send to agency in advance for timely provide containers for stuffing the goods. Then my client compile to do so.

Regards

J.S. Uppal

AI Summary

E-invoice generation determines tax period; sale recognised when e-invoice uploaded, requiring disclosure in corresponding return. E-invoice generation governs timing of supply: where the e-invoice is generated after a manual invoice and goods movement follows e-invoice issuance, the supply is treated in the tax period when the e-invoice is uploaded. Rule 48 mandates obtaining an Invoice Reference Number by uploading prescribed particulars on the portal and provides that invoices issued otherwise will not be treated as invoices for persons covered. Mandatory applicability depends on the aggregate turnover threshold, and the portal permits back-dated e-invoices which must be disclosed in the period of the e-invoice date.