22 Tax invoice,sale invoice and purchase invoice to be issued by a dealer

 

22. Tax invoice, sale invoice and purchase invoice to be issued by a dealer.-

 
(1)
In respect of all taxable goods, except non-vat goods, in the circumstances mentioned below, every registered dealer except a dealer who opts for payment of composition money under section 6, where such dealer is liable for payment of tax on sale of any such goods, shall, while making sale of the goods, issue to the purchaser, tax invoice containing such particulars as may be prescribed including name and complete address and Taxpayer's Identification Number, if any, of the person purchasing the goods, and shall charge separately on such tax invoice the amount of tax payable by him, where such goods are sold to -
(i)
a registered dealer; or
(ii)
an official or personnel of any foreign diplomatic mission or consulate in India; or
(iii)
the United Nations or any other similar International body, entitled to privileges under any convention to which India is a party or under any other law for the time being in force; or
(iv)
any consulate or diplomatic agent of any mission, the United Nations or other body referred to in clause (ii) or clause (iii); or
(v)
any developer or co-developer of any Special Economic Zone, for use or consumption in the authorized operations:

      Provided that the State Government may prescribe different forms of tax invoice for different class of dealers or for different goods or class of goods:
      Provided further that where the State Government does not prescribe the format of tax invoice, the selling dealer shall, in the cases referred to as aforesaid, issue tax invoice in the manner prescribed and containing such particulars, including name and complete address and Taxpayer's Identification Number, if any, of the person purchasing the goods, as may be prescribed.
(2)
The dealer selling the goods referred to in sub-section (1) shall prepare tax invoice referred to in sub-section (1) in three copies marked original, duplicate and office copy and shall deliver copies marked original and duplicate to the person purchasing the goods. Copy of tax invoice marked as duplicate shall accompany the goods during transportation of such goods.
(3)

All dealers except as provided in sub-section (1), shall issue sale invoice to the purchaser in such manner and containing such particulars as may be prescribed.
Explanation- in this sub-section sale invoice means any invoice in the nature of bill, invoice, cash/credit memo containing such particulars as may be prescribed."
(4)
Subject to provisions of sub-section (1) and sub-section (3), every taxable dealer shall, in respect of sale of all goods, where–
(i)
sale value of single sale exceeds the amount prescribed in this behalf; or
(ii)
purchaser of goods demands sale invoice; or
(iii)
any other law prescribes for issue of sale invoice in respect of sale of any goods; or
(iv)
selling dealer as a practice issues sale invoice in respect of sales made by him, issue to the purchaser sale invoice in the prescribed manner containing such particulars as may be prescribed.
(5)
Every dealer referred to in sub-section (1) shall charge amount of tax payable separately on every tax invoice. However, the dealer referred in sub-section (3) may charge tax separately.
(6)
Office copy of tax invoice, sale invoice as the case may be, prepared by the selling dealer and copies of tax invoice, sale invoice, as the case may be, received by the purchasing dealer shall be preserved by them for the period provided under sub-section (3) of section 21.
(7)
Every dealer, while making purchase of any goods from a registered dealer, shall give his name, address and taxpayers’ identification number, if any, to the selling dealer.
(8) The dealer, making sale of goods to any purchaser referred to in subsection (1), shall not issue tax invoice to such purchaser unless the purchaser has furnished his name, complete address and taxpayer's identification number.
(9)
Where a dealer liable to pay tax makes purchase of any taxable goods from a person other than a registered dealer and if the person selling such goods does not issue cash memo or bill, the purchasing dealer shall issue to the person selling the goods a purchase invoice in respect of such purchase in the prescribed manner containing such particulars as may be prescribed and shall obtain signature or thumb impression of the person selling the goods.
(10)

The purchasing dealer referred to in sub-section (9) shall prepare purchase invoice in two copies marked as original copy and office copy. The purchasing dealer shall deliver original copy of such purchase invoice to the person selling the goods and shall preserve office copy of such purchase invoice for the period prescribed under sub-section (3) of section 21.