38. Issuance of an Invoice

(1) A registered dealer, other than registered dealer who opts for payment of tax under sub-section (2) of section 3 or under section 5, making a taxable sale shall issue a VAT invoice marked as original to the purchaser for each such sales made by him and shall retain a copy thereof.

(2) The VAT invoice issued under sub-rule (1) shall contain the following particulars on the original as well as on all the copies thereof.

(a) the word “VAT INVOICE” and in case the option under sub-section (7) of section 4 has been exercised the expression “INVOICE FOR TAX ON MRP” in bold letters at the top or at any prominent place;

(b) the name, address and registration number of the selling dealer;

(c) the name and address of the purchaser and where the purchaser is registered under the Act the registration number of the purchasing dealer;

(d) continuous serial number running throughout the year and the date on which the VAT invoice is issued;

(e) full description of the goods;

(f) the quantity or number, as the case may be, of the goods;

(g) the value of the goods sold;

(h) the rate and amount of tax charged thereon indicated separately; and

(i) signature of the selling dealer, or his declared business manager or person authorized by the selling dealer.

(3) No input tax credit shall be allowed unless the dealer makes full compliance of subrule (1) and (2).

(4)(a) In case a VAT invoice issued by the registered selling dealer, is lost or destroyed, a duplicate of such VAT invoice shall be issued by the selling dealer, to the purchasing dealer with the following declaration recorded in the red ink and signed by the selling dealer or his declared business manager as the case may be:-

"I, hereby declare that this is the duplicate VAT invoice of VAT invoice No......... issued on dated ...... and issued to M/s ............ having registration No. ....... Signature Status .......... ".

(b) The purchasing dealer who has obtained the duplicate copy of the VAT invoice shall inform his assessing authority or the authorized officer within the tax period in which the duplicate invoice was received.

(5) A registered dealer, who has opted for payment of tax under sub-section (2) of section 3 or under section 5, sells taxable goods of value exceeding rupees five hundred in any one transaction, shall issue an invoice marked as original to the purchaser for each such sale made by him and shall retain a duplicate copy thereof.

(6) Notwithstanding any thing contained in sub-rule (5), where a purchaser demands an invoice irrespective of the purchase value, the registered dealer shall issue invoice.

(7) The invoice issued under sub-rule (5) shall contain the following particulars on the original as well as on all the copies thereof.

(a) the word “invoice” in bold letters at the top at any prominent place;

(b) the name, address and registration certificate number of the selling dealer;

(c) continuous serial number running throughout the year and the date on which the invoice is issued;

(d) full description of the goods with its value; and

(e) signature of the selling dealer, or his servant, manager or agent duly authorized by him.

(8) Notwithstanding any thing contained in sub-rule (1) above, where a dealer registered under the Act is also registered under the Central Excise Act, 1944 (Act No. 1 of 1944) and issues an invoice for removal of goods in the course of inter-State trade or commerce, containing the particulars as prescribed in sub-rule (2), it would be treated as VAT invoice and the provisions of sub-rule (3) and (4) shall mutates mutandis apply.

(9) The State Government may, by notification in official Gazette provide for use of IT enabled systems for preservation of the details of the VAT invoice.

"(10) Where a registered dealer sells goods to department of the State Government or to a public sector undertaking, corporation or company owned or controlled by the State Government or a co-operative society having contribution of State Government in its share capital or a municipality or a Panchayati Raj Institution at district and block level or any other local authority or statutory body constituted by or under a law of the State Legislature, he shall also mention on his VAT invoice the balance of input tax credit available along with the amount of net tax payable and to be deposited by affixing a seal to this effect on such VAT invoice and shall authenticate the same."