42. Invoices under section 60
(1) Every registered dealer who is required to issue tax invoice under sub-section (1) of section 60 shall prepare a tax invoice when he sells taxable goods to another registered dealer duly signed by the person whose specimen signature has been furnished to the registering authority under section 66A of the Act.
(2) A selling registered deal er shall issue serially and mechanically numbered tax invoice in duplicate. The copies of the invoice marked “original” be delivered to the buyer and the copy marked “duplicate” shall be retained by the registered dealer. (2A) The dealer making zero rated sale under section 5A shall issue serially and mechanically numbered tax invoice in triplicate. The copies of the invoice marked “original” and “duplicate” shall be delivered to the buyer, and the copy marked “triplicate” shall be retained by the seller. The duplicate copy of tax invoice endorsed by the authority appointed for the purpose of duty of customs, shall be returned to the seller after such endorsement.
(3) A tax invoice shall contain the following particulars, namely:-
(a) consecutive serial number of tax invoice and serial number of tax invoice book if any,
(b) the date of the issue of tax invoice,
(c) name, address and registration number of the seller issuing tax invoice including registration number of Central Sales Tax Act, 1956, if any,
(d) name, address and registration number of the purchaser including registration number of Central Sales Tax Act, 1956, if any,
(e) full description of goods including HSN code,
(f) quantity of goods sold,
(g) price of goods excluding tax,
(h) rates of tax and additional tax and the amount of tax and additional tax charged in respect of goods, and
(i) gross value of goods including the amount of tax.
(4) (A) A registered dealer to whom sub-rule (1) does not apply shall issue serially and mechanically numbered retail invoice in duplicate if the sales price exceeds rupees one hundred:
Provided that when a sale is effected in the course of inter-state trade and commerce, or export out of the territory of India a retail invoice shall be signed by the person whose specimen signature has been furnished to the registering authority under section 66A of the Act.
(B) The retail invoice shall contain the following particulars, namely:-
(a) consecutive serial number of retail invoice and serial number of retail invoice book, if any,
(b) the date of the issue of retail invoice,
(c) name, address and registration number of seller issuing retail invoice including registration number of Central Sales Tax Act, 1956, if any,
(d) full description of goods,
(e) quantity of goods sold,
(f) price of goods inclusive or exclusive of tax,
(g) rate of tax and additional tax
(gg) the amount of tax and additional tax charged under the Act or the Central Sales Tax Act, 1956 where price of goods is shown exclusive of tax :
Provided that where the purchaser demands the amount of tax charged to be shown sep arat ely, the invoice shall contain the amount of tax so charge
Explanation : Where in a retail invoice, the amount of tax is included in the sale price of the goods, the calculation of amount of tax to be made in the following manner , namely:-
Formula:
Amount of tax =S X R
100+R
[Where ‘S’ means the sale price of the goods and ‘R’ means the rate of tax and additional tax applicable to the respective taxable goods under the Act at the relevant time of such sale.)(h) gross value of goods including the amount of tax and additional tax , (i) name, address and registration number under Central Sales Tax Act, 1956 of the purchaser for the sale in the course of Inter-State sale or export:
Provided that the registered dealer, who has been granted permission to pay lump sum tax, shall not,-
(i) issue tax invoice;
(ii) collect from his purchaser any sum by way of tax on the sales of goods, and
(iii) charge the amount of tax in his retail invoice.
(4A) The Commissioner may, for reasons to be recorded in writing, waive the requirement of furnishing any of the particulars in the tax invoice or retail invoice to be issued by a dealer or class of dealers:
Provided no such waiver shall be made by the Commissioner after the expiration of two years from the commencement of these rules.
(5) In case of transfer of goods within the State or outside the State, the dealer shall account such transfer by issuing stock transfer note or consignment note and all the details as mentioned in clauses (a) to (i), in sub-rule(4) or whichever is applicable shall be invariably described in the stock transfer note or consignment note. The stock transfer note or consignment note shall be signed by the person whose specimen signature has been furnished to the registering authority under section 66A.
(6) The tax invoice and retail invoice shall bear a phrase, namely, ‘Tax Invoice’ or, as the case may be, ‘Retail Invoice’ conspicuously on top of it and where the price of goods shown inclusive of tax in the retail invoice, it shall bear a phrase `inclusive of tax.(7) Where a dealer issues delivery chalan in respect of sale, transfer or consignment of goods, such chalan shall contain name, address and registration number of the selling dealer as well as the name and address of purchasing dealer and the quantity of goods.
(8) If the signature of the dealer or authorized person in tax invoice, retail invoice, delivery chalan, stock transfer note or consignment note submitted by the dealer, does not match with the specimen signature available with the Commissioner, then the Commissioner may,-
(a) reject such document, and
(b) question the ownership of the goods where such goods are attributable to such document:
Provided that before rejecting such document or before questioning the ownership of goods, the Commissioner shall provide a reasonable opportunity to the dealer, who has submitted such document, to get the signature authenticated by the dealer who has issued it.
(9) Where a tax invoice is lost, whether such loss occurs while it is in the custody of the purchasing dealer or in transit by the selling dealer, the purchasing dealer shall furnish in respect of every such invoice so lost an undertaking (on plain paper ) to the authority before whom such tax invoice is to be submitted, for amount of tax credit, the authority may, having regard to the circumstances of the case, fix.
Such indemnity bond shall be furnished by the selling dealer to the authority before whom such tax invoice is to be submitted if a tax invoice is lost from his custody:
Provided that where more than one tax invoice are lost, the purchasing dealer or the selling dealer, as the case may be, may furnish one such indemnity bond to cover all the tax invoices so lost.
(10) Where a purchasing dealer loses the original tax invoice, the selling dealer shall provide a copy of such tax invoice clearly marked “copy in lieu of lost tax invoice” containing the following certificate.
I hereby declare that this is the duplicate of the tax invoice bearing
No______ date ______issued to M/s.____________bearing TIN_____”Date: Signature of authorized person
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