Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

REQUIREMENT TO SIGN GST E-INVOICE

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... REQUIREMENT TO SIGN GST E-INVOICE
Query (Issue) Started By: - SSOE SSOE Dated:- 28-8-2021 Last Reply Date:- 31-8-2021 Goods and Services Tax - GST
Got 2 Replies
GST
Dear Sir/Madam Is it mandatory to sign Gst E-invoice by the Supplier or his authorised representative? Some of our suppliers simple forwarding the Gst E-Invoice generated from E-Invoice website(i.e PDF file generated aft .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... er E-Invoicing Process) with out further signing the same. This E-invoice has no sign,no entity seal,not on company letter head,no logo,no remarks,no bank details,no terms of payment,no PO reference etc. With out these additional details these E-Invoices have less value to us. For your reference-- Rule 46 of CGST Rules,2017 ,inter alia requires, following (q) "signature or digital signatu .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... re of the supplier or his authorised representative" (r) "Quick Reference code, having embedded Invoice Reference Number (IRN) in it, in case invoice has been issued in the manner prescribed under sub-rule (4) of rule 48" Rule 48(4) "The invoice shall be prepared by such class of registered persons as may be notified by the Government, on the recommendations of the Council, b .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y including such particulars contained in FORM GST INV-01 after obtaining an Invoice Reference Number by uploading information contained therein on the Common Goods and Services Tax Electronic Portal in such manner and subject to such conditions and restrictions as may be specified in the notification" Rule 48(5) "Every invoice issued by a person to whom sub-rule (4) applies in any mann .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... er other than the manner specified in the said sub-rule shall not be treated as an invoice" Fifth proviso to Rule 46 says "Provided also that the signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of an electronic invoice in accordance with the provisions of the Information Technology Act, 2000 (21 of 2000)" .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Reply By Shilpi Jain: The Reply: Initially when seminars were conducted by department to create awareness regarding e invoice, they had mentioned that e invoice does not mean authentication and has to be signed by the supplier.. Also whether e invoice can be called as an electronic invoice under IT Act? so one thing which could be thought of is get the normal / regular invoice as earlier with .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... signature of supplier and e invoice only for complying with e invoice provisions. From business perspective also it would make sense to get a signed invoice to be protected for any disputes in future. Reply By KASTURI SETHI: The Reply: Q. Is it mandatory to sign GST E-invoice by the Supplier or his authorized representative ? A. In my view, it is not mandatory. Now-a-days when any person appli .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... es for registration in any department, specimen signature of owner/partner/director and authorised signatory are kept on record by the department. Even without signature on physical copy of e-invoice, registered persons are legally responsible for the supply on un-signed e-invoices.. Information Technology Act is applicable to the whole of India. There are exclusions regarding applicability but is .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... suance of invoice and e-invoice do not fall in the exclusion clause.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates