Eligibility to prepare e-invoice under GST based on PAN, says expert

One have to prepare e-invoice for all your supplies with effect from October 1, 2020, expert suggests

Q. We have a SEZ unit and a DTA unit. Both units have separate GSTIN and so are different registered persons. The aggregate turnover of both together is more than Rs 500 crore, but the DTA unit’s turnover is only about Rs 150 crore. Now, SEZ units are exempted from e-invoicing. Are we required to prepare e-invoices?
 
Yes. Rule 48 (4) of CGST Rules, 2017 requires notified class of persons to prepare e-invoice, i.e. by including such particulars contained in FORM GST INV-01, after obtaining an Invoice Reference Number by uploading information contained therein on the Common GST Electronic Portal. Notification no.13/2020-CT dated March 21, 2020 (as amended) notifies registered person, other than those referred to in sub-rules (2), (3), (4) and (4A) of rule 54 of the said rules, whose aggregate turnover in a financial year exceeds Rs500 crore, as a class of registered person who shall prepare invoice and other prescribed documents, in terms of sub-rule (4) of rule 48 of the said rules in respect of supply of goods or services, or both, to a registered person.

 
Section 2(6) of the CGST Act, 2017 defines “aggregate turnover” as the aggregate value of all taxable supplies (excluding the value of 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 Permanent Account Number, to be computed on all-India basis but excludes central tax, state tax, Union Territory tax, integrated tax and cess. Thus, the eligibility is based on the aggregate value of taxable supplies of all your units having the same PAN. That exceeds Rs500 crore, in your case. Therefore, you have to prepare e-invoice for all your supplies with effect from October 1, 2020. 

 

Q. As per Section 112 of the CGST Act, 2017, we are required to file an appeal with the Appellate Tribunal within three months of communication of the order sought to be appealed against. But the Appellate Tribunal is not yet constituted. How should we proceed?
 
CBIC Circular no. 132/2/2020-GST, dated March 18, 2020, says that as of now, the prescribed time-limit to make application to appellate tribunal will be counted from the date on which the president or the state president enters office. So, you may wait till then and then file your appeal.
 
Q. We are seriously considering converting our manufacturing facility into a bonded warehouse and obtaining in-bond manufacturing licence under Section 65 of the Customs Act, 1962, read with Manufacture and Other Operations in Warehouse (no.2) Regulations, 2019 and CBIC Circular no. 34/2019-Cus dated October 1, 2019. We have stocks of goods imported duty-free under advance authorisation. Can we carry these over to the bonded warehouse?

 
There is no specific provision in the laws or circulars to deal with the situation. So, I suggest you seek specific clarification from the CBIC and prior permission from the jurisdictional Customs authorities before switching over to in-bond manufacture.

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