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Eligibility of credit availed on the basis of cross charge invoice issued by head office, Goods and Services Tax - GST

Issue Id: - 119014
Dated: 1-3-2024
By:- Abhijeet Mane

Eligibility of credit availed on the basis of cross charge invoice issued by head office


  • Contents

I had availed credit on the basis of cross charge invoice issued by head office but now officer has denied the credit by stating that invoice is not sa per rule 46 (as it is different from normal invoice).

As per rule 46 there is no provision for format or mandatory title of cross charge invoice.

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Showing Replies 1 to 5 of 5 Records

Page: 1


1 Dated: 1-3-2024
By:- Sadanand Bulbule

Dear querist

It is too technical observation/interpretation. As long as the conditions of Section 16 are complied, ITC cannot be denied. Provide the substantiating material evidences in support of your entitlement.


2 Dated: 1-3-2024
By:- KASTURI SETHI

After in agreement with Sh.Sadanand Bulbule, Sir, I add that Rule 46 and Section 31 should be read conjointly. Contents and parameters laid down therein should be adhered to.


3 Dated: 2-3-2024
By:- Shilpi Jain

If only invoice format is a defect, correct the format.. issue theinvoice by the branch in the proper format!!

What can be rectified can be rectified and benefit should not be denied


4 Dated: 8-3-2024
By:- Padmanathan Kollengode

what is the actual allegation in the SCN? ie. what is the difference which the officer is pointing out to deny ITC? has all applicable the particulars in Rule 46 included in the said invoice?

Also what is the date of this invoice and date of SCN? 


5 Dated: 26-3-2024
By:- Ganeshan Kalyani

Every taxpayer has a particular format of the invoice maintained in their accounting system. In case of sale /supply, the tax invoice is designed and system generated. But for cross charge the format of tax invoice is not used and instead an excel format or FI module invoice is used which obviously differs in look and format. Hence, the officer has his doubt. Nothing to worry. You can explain the practical difficulties in maintaining the exact same format of invoice in both SD module and FI module of SAP, if you are following SAP. Otherwise, you check your accounting package and find out the fact of not having same format of invoice and reply to the officer accordingly.


Page: 1

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