Registered persons whose Annual Aggregate Turnover (AATO) exceeds the notified limit but were exempted by CGST Notification No. 13/2020 & No. 61/2020 & No. 70/2020; eg. as below:
· Special Economic Zone Units
·
Insurers
·
Banking companies or financial institutions, including a
non-banking financial company (NBFC)
·
Goods Transport Agency (GTA) supplying services in relation to
transportation of goods by road in a goods carriage
·
Suppliers of passenger transportation service
·
Suppliers of services by way of admission to an exhibition of
cinematograph films in multiplex screens
·
Persons registered in terms of Rule 14 of CGST Rules [Online Information Database Access and Retrieval services](OIDAR)
[Declaration
under Rule 46(s)] that needs to be fulfilled while generating a tax
invoice by the registered person to whom by virtue of AATO, e-invoicing would
have been applicable as per rule 48(4) but is not generating e-invoices due to
certain exemptions notified by Govt.
Rule 46(s) was inserted by First Amendment, 2022 to the CGST
Rules, 2017 vide a CGST Notification no. 14/2022 dated
5th July 2022 and will come in force on 5th July 2022.
The following
declaration shall be added to the tax invoice for cases where the e-invoice is
not being generated
”
I/We hereby declare that though our aggregate turnover in any preceding
financial year from 2017-18 onwards is more than the aggregate turnover
notified under sub-rule (4) of rule 48, we are not required to prepare an
invoice in terms of the provisions of the said sub-rule.”
Tax invoice which is required to contain the declaration under rule 46(s)?
Taxpayers whose AATO
exceeds the notified limit will be required to add the declaration in the tax
invoices in the following cases
Taxable
Supplies |
Whether an e-invoice is being
generated |
Declaration under rule 46(s) to be
added in e-invoice |
B2B |
Yes |
No |
B2C |
No |
Yes |
B2B or B2C supplies of an exempted category of taxpayers. eg. GTA,
NBFC etc. |
No |
Yes |
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