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31

CGST Act · Section 31

Tax invoice

☐ Has supply category been identified? ☐ Has applicable sub-section been mapped? ☐ Has invoice timing been observed? ☐ Have Rule 46 particulars been compiled? ☐ For e-invoicing threshold, has IRN been generated? ☐ For Rs. 200 de minimis,…

Section 31 invoice compliance — checklist (19 items)

Section 31 invoice compliance — checklist (19 items)

☐ Has supply category been identified?

☐ Has applicable sub-section been mapped?

☐ Has invoice timing been observed?

☐ Have Rule 46 particulars been compiled?

☐ For e-invoicing threshold, has IRN been generated?

☐ For Rs. 200 de minimis, has simplified framework been applied?

☐ For Bill of Supply, has Rule 49 framework been applied?

☐ For advance, has receipt voucher been issued?

☐ For RCM, has self-invoice + payment voucher been issued?

☐ For continuous supply of services, has sub-s. (5) discipline been applied?

☐ For continuous supply of goods, has sub-s. (4) been applied?

☐ For pre-delivery sale, has sub-s. (7) been applied?

☐ Has time-of-supply coordination been done?

☐ Has GSTR-1 reporting been planned?

☐ Has Mohit Minerals constitutional framework been applied?

☐ Has Mafatlal procedural-fairness framework been observed?

☐ Has Vatika prospective-operation been applied?

☐ Has Bharti Airtel substance-over-form discipline been applied?

☐ Has the file been reviewed for audit-defensibility?

Worked examples — five live scenarios

Example 1 — Goods invoice at removal

Facts: Manufacturer ships goods to customer 10-Aug-2025. Invoice issued 10-Aug-2025.

Analysis: Sub-s. (1)(a) — invoice before / at removal. Compliance achieved.

Result: Compliant invoice. Time-of-supply 10-Aug per s. 12(2)(a).

Example 2 — Late services invoice (clause (b) trigger)

Facts: Service provided 10-Aug-2025. Invoice issued 25-Sep-2025 (46 days). Not banking / insurance / telecom.

Analysis: Sub-s. (2) + Rule 47 — 30-day window. Invoice late. Time-of-supply under s. 13(2)(b) — earlier of provision (10-Aug) or payment. If payment after, time-of-supply 10-Aug. Late invoicing penalises supplier.

Result: Late invoice triggers s. 13(2)(b) pushback.

Example 3 — E-invoicing IRN for above-threshold taxpayer

Facts: Taxpayer's AATO Rs. 7 cr. Above Rs. 5 cr threshold (effective Aug 2023). Issues invoice without IRN.

Analysis: Rule 48(4) — IRN generation mandatory. Invoice without IRN is non-compliant. Recipient cannot claim ITC. Penalty under s. 122. Practitioner advice — operationalise IRN framework.

Result: E-invoicing non-compliance has cascading consequences.

Example 4 — RCM self-invoice

Facts: Company receives legal services from advocate (unregistered for GST). Recipient liable under RCM (Notification 13/2017-CT(R)).

Analysis: Sub-s. (3)(f) — recipient issues self-invoice. Sub-s. (3)(g) — payment voucher on payment to advocate. RCM paid through electronic cash ledger. ITC claimed (subject to s. 16 conditions).

Result: RCM self-invoice + payment voucher discipline operative.

Example 5 — Continuous supply — monthly rent

Facts: Office lease. Rent Rs. 1 lakh/month. Lease agreement specifies rent due on 1st of next month.

Analysis: Sub-s. (5)(a) — ascertainable due date. Invoice on / before due date 1st. Time-of-supply earlier of invoice or payment.

Result: Continuous-supply invoice cycle discipline.

Planning and litigation strategy

  • • Build invoice timing SOPs for each supply category.
  • • For above-threshold taxpayers, operationalise e-invoicing IRN framework.
  • • For continuous supplies, build invoice cycle discipline.
  • • For RCM scenarios, self-invoice + payment voucher framework.
  • • Coordinate with time-of-supply framework (s. 12 / 13 / 14).
  • • Compile comprehensive Rule 46 particulars in invoice templates.
  • • Train compliance teams on supplementary documents (sub-s. (3) seven categories).
  • • Track e-invoicing threshold + FA 2024 30-day reporting framework.
  • • For pre-delivery sale, build sub-s. (7) framework.
  • • For terminations, sub-s. (6) framework.
  • • Apply Bharti Airtel substance-over-form discipline.
  • • Apply Vatika prospective-operation for Notification amendments.
  • • Coordinate with State / UTGST parallel framework.
  • • Build precedent file on s. 31 jurisprudence.
  • • Maintain readiness for invoice disputes.

Litigation defence

  • • For invoice timing disputes, plead sub-section framework.
  • • For e-invoicing IRN disputes, plead Rule 48(4) framework + Vatika prospective-operation.
  • • Plead Bharti Airtel substance-over-form discipline.
  • • Use Mohit Minerals constitutional framework.
  • • Use Mafatlal procedural-fairness framework.
  • • Apply Vatika prospective-operation.
  • • Use Whirlpool framework for writ jurisdiction.
  • • Apply Calcutta Discount Co. for jurisdictional discipline.
  • • Plead Modern Dental proportionality.
  • • For RCM self-invoice disputes, plead sub-s. (3)(f) framework.
  • • For continuous supply disputes, plead sub-s. (5) specificity.
  • • Build documentary trail of invoice compliance.
  • • Build precedent file on s. 31 jurisprudence.
  • • Coordinate with State / UTGST parallel framework.
  • • Maintain readiness for invoice litigation.
  • • Use Maneka Gandhi procedural-fairness for natural-justice anchor.

Cross-references

  • • Section 12 (Time of supply of goods)
  • • Section 13 (Time of supply of services)
  • • Section 14 (Change in rate)
  • • Section 31A (Digital payment facility)
  • • Section 32 (Prohibition of unauthorised collection)
  • • Section 33 (Tax amount on invoice)
  • • Section 34 (Credit / Debit notes)
  • • Section 9(3), (4), (5) (RCM / ECO framework)
  • • Notification 13/2017-CT(R) (RCM categories)
  • • Section 9 (Levy framework)
  • • Section 12, 13, 14 (Time of supply)
  • • Section 15 (Value)
  • • Section 16 (ITC eligibility)
  • • Section 37 (GSTR-1 — invoice reporting)
  • • Section 39 (Returns)
  • • Section 122 (Penalty)
  • • Section 161 (Rectification)
  • • Article 246A, Constitution of India (concurrent legislative power)
  • • Rule 46 (Invoice particulars)
  • • Rule 47 (Invoice timing for services)
  • • Rule 48 (Manner of issuing invoice + e-invoice)
  • • Rule 49 (Bill of Supply)
  • • Rule 50, 51 (Receipt voucher / refund voucher)
  • • Rule 52 (Payment voucher)
  • • Rule 53 (Credit / Debit note particulars)
  • • Rule 54 (ISD invoice)
  • • Rule 55 (Delivery challan)
  • • Notification 1/2020-CT (E-invoicing initial threshold)
  • • Notification 5/2021-CT (E-invoicing threshold revisions)
  • • Notification 13/2020-CT, 70/2020-CT (E-invoicing operationalisation)
  • • Mohit Minerals (2022) 10 SCC 700 (constitutional architecture)
  • • Vatika Township (2014) 367 ITR 466 (prospective operation)
  • • Mafatlal Industries (1997) 5 SCC 536 (procedural framework)
  • • Bharti Airtel v UoI (2021) 11 SCC 374 (substance over form)
  • • Whirlpool Corporation (1998) 8 SCC 1 (writ jurisdiction)
  • • Calcutta Discount Co. AIR 1961 SC 372 (jurisdictional limits)
  • • Modern Dental College (2016) 7 SCC 353 (proportionality)
  • • Maneka Gandhi (1978) 1 SCC 248 (procedural fairness)
  • • Dilip Kumar (2018) 9 SCC 1 (strict construction)