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The Queries is asking a very relevant question regarding aggregate turnover and the applicability of E-invoicing under the Goods and Services Tax (GST) law in India. Let’s break this down using the legal framework under GST.
✅ 1. Legal Basis for E-Invoicing Applicability
Under Rule 48(4) of the CGST Rules, e-invoicing is mandatory for registered persons whose aggregate turnover in any preceding financial year from 2017-18 onwards exceeds the prescribed threshold (currently ₹5 crore w.e.f. 1 August 2023).
🔹 Aggregate turnover is defined under Section 2(6) of the CGST Act, and it includes:
"the aggregate value of all taxable supplies (excluding inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same PAN, to be computed on all India basis and excludes central tax, State tax, Union territory tax, integrated tax and cess."
✅ 2. Treatment of Advances in Aggregate Turnover
This is the core of your query. Let’s examine two things:
a) Is Advance Taxable?
Under Section 13 of the CGST Act, time of supply of services can be triggered either by invoice or receipt of payment, whichever is earlier. So, advance receipts for services are subject to GST at the time of receipt, unless specifically exempted.
For goods, as per Notification No. 66/2017 – Central Tax, GST is not payable on advances received for supply of goods (except for composition taxpayers).
b) Does Advance Form Part of Aggregate Turnover?
This is where clarity is needed:
Advance itself is not a "supply" until adjusted, and in some cases, GST is not even paid on receipt (e.g., for goods). However, aggregate turnover includes the value of "supplies", not “receipts”.
Therefore, advances unadjusted against actual supplies should not be included in aggregate turnover because they are not yet taxable supplies. Once the advance is adjusted against a taxable supply (and invoice is issued), it becomes part of the turnover at that point.
📌 Key Interpretation:
Advance does not qualify as turnover until an actual supply (supported by an invoice) occurs.
✅ Conclusion on E-invoicing Applicability in XYZ Ltd’s Case
Sales for the year = ₹4.5 Cr (actual supplies).
Advance = ₹60 lakhs (yet to be adjusted; not invoiced yet).
Aggregate turnover = ₹4.5 Cr, assuming no other supplies exist.
📌 Therefore, e-invoicing is not applicable, as aggregate turnover does not exceed ₹5 Cr.
🔍 Your View is Legally Sound
You are correct in asserting:
"Advance amount itself is not consideration. It takes the form of consideration only at the time of final adjustment i.e., issuance of invoice."
This aligns with the definition of “consideration” and aggregate turnover under the GST Act.
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