Casual taxable person-E-Invoice

[Rupali Shastri]

Our company is applicable for E-Invoice and we have one Casual Taxable Person (CTP) registration. We tried to generate E-Invoice form E-Invoice Tool but below error occurred while generate E-Invoice.

Error Code-2300-Supplier GSTIN should be of type Regular or SED

My question – Is E-invoice is applicable for CTP Registration?

If Yes, Can you please help us on above error

[KALLESHAMURTHY MURTHY K.N.]

Dear Sir, 

The answer is "No".

A Notified registered person, whose aggregate turnover as prescribed in the Notifications vide No. 70/2019 dated 13-120-2019 and amendments thereto from time to time (presently 50Cr.) as a class of registered persons who shall prepare an Invoice in terms of sub-rule (4) of rule 48 of the said rules in respect of the supply of goods or services or both to a registered person; This notification to come into force from the 1st day of April 2020.) 

Accordingly, an e-invoice is to be issued to a registered person only and not to a Casual Taxable Person and is not even applicable to SEZ.

[KASTURI SETHI]

Dear Sir,

Casual taxable person is  also covered in the definition of a registered person as per Section 2 (94) read with Section 25 of CGST Act. 

[Raam Srinivasan Swaminathan Kalpathi]

SEZ units were exempted from issuing e-invoice vide Notification 61/2020 dated 30-Jul-20.  As regards CTPs.  Thanks

[KASTURI SETHI]

Casual Taxable Person is not exempted from E-invoice. 

[KALLESHAMURTHY MURTHY K.N.]

Dear Sri Kasturi Sethi Ji,

With due respect, I submit for your kind clarification. 

A Casual Taxable Person may register on his own or can be registered by the registering authority pursuant to any survey, enquiry, inspection, search or any other proceedings, where he fails to apply for registration. His registration is valid for 90 days and on sufficient cause only be extended further 90 days. Such a person may not perform a turnover of the threshold limit as prescribed, during the previous year.  My view is that the CTP in such circumstances, is not liable for e-invoicing. 

[KASTURI SETHI]

Sh.Kailleshamurthy Murty Ji,

Sir, The casual taxable person may or may not cross threshold limit in a financial year. The Notification talks of 'in a financial year' and NOT in the previous financial year. So there is every possibility to cross threshold limit by a casual taxable person in a period of 90 days or 180 days. Thus a casual taxable person does not fall in the list of exemption from e-invoice. The criteria of threshold is applicable for all except the units covered categorically in the exclusion clause. A casual taxable person is not mentioned in the exclusion clause under Rule 48 (4).

Pl. let me know if I am in the wrong in any way.

[KALLESHAMURTHY MURTHY K.N.]

Dear Kasturi Sethi Ji,

Respected Sir,

There is nothing wrong with the above version but it was earlier to the amendment in Notification No. 70/2020 – Central Tax, dated 30th September 2020,

The words 'a financial year' in notification 13/2020 Dt. 21-3-2020 was substituted with 'any preceding financial year effecting from 2017-18 onwards. ‘Invoices for exports were also included in this notification.

[FAQ:-If the threshold is crossed during 2020-21, e-Invoicing will be applicable w.e.f. 1st April 2021]

As per NN. 05/2021 Dt. 08.03.2021 the threshold aggregate turnover exceeding Rs. 50 Cr from 01st April 2021. Please read the threshold of Rs. 50 Cr. in the bracket as Rs. 5 Cr. effective from 01-08-2023.

From the above perspective, I have answered my first reply. If I am wrong in understanding the provisions, I do expect more clarification.

[KASTURI SETHI]

 Dear Sir, 

I fully agree with your views at serial no.7 dated 5.1.25.

[KALLESHAMURTHY MURTHY K.N.]

Dear Kasturi Sethi Ji

Sir, 

Thank you very much.

[Shilpi Jain]

The threshold of 5 crs has to be seen at PAN level. So a person may have regular registrations and a CTP reg as well. If at PAN level the turnover exceeds 5 crs, then even the CTP would be required to issue an e-invoice as there is no specific exemption to CTPs.

AI Summary

E invoice applicability: CTPs must issue e invoices when PAN level turnover exceeds the notified threshold, subject to exclusions.
E invoice obligation for a Casual Taxable Person hinges on notified aggregate turnover thresholds and reference period rules rather than the temporary nature of CTP registration. SEZs are explicitly excluded by a separate notification, but CTPs are not categorically exempt; PAN level aggregation of turnover determines applicability and amendments to notifications have altered the reference period and threshold, including the inclusion of export invoices.