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TMI BlogTime of Supply in case of delay in issue of InvoiceX X X X Extracts X X X X X X X X Extracts X X X X ..... Time of Supply in case of delay in issue of Invoice X X X X Extracts X X X X X X X X Extracts X X X X ..... ds shall be the earlier of the following dates, namely:- * the date of issue of invoice by the supplier or the last date on which he is required, under sub-section(1)of section 31,to issue the invoice with respect to the supply;or……… Section 31 (1) A registered person supplying taxable goods shall, before or at the time of,- (a) removal of goods for supply to the recipi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent,where the supply involves movement of goods;or (b) delivery of goods or making available there of to the recipient,in any other case, issue a tax invoice showing the description, quantity and value of goods,the tax charged thereon and such other particulars as may be prescribed. Provided that the Government may, on the recommendations of the Council, by notification, specify the categories ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of goods or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed. " The combined reading of both the sections provides that the time of issue of invoice shall be before or at the time of removal of goods. Thus the direct impression of the provisions is to remove goods only under the cover of invoice. However, there can be a situation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when the goods are supplied and invoice is raised after a considerable time period. In this regard Rule 55(4) of CGST Rules 2017 is worth noting - Rule 55(4) of CGST Rules 2017 reads as under:- "Where the goods being transported are for the purpose of supply to the recipient but the tax invoice could not be issued at the time of removal of goods for the purpose of supply,the supplier shall is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sue a tax invoice after delivery of goods." By applying this rule the date of issue of invoice in the above case shall be the date on which invoice was raised after removal of goods. However, had it been a regular feature then the supplier has to face the penal consequences in addition to preponment of time of supply as per relevant provisions of the law. CA Akash Phophalia 9799569294 ca.akash ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [email protected] X X X X Extracts X X X X X X X X Extracts X X X X
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