Articles 21st Jul 2023
Effective from August 1, 2023, taxpayers with an annual turnover exceeding INR 5 Crore will be categorized as a “class of registered persons” required to generate e-invoices, a measure which will significantly bring a larger number of small taxpayers into the e-invoicing system. Against this backdrop, Kumar Visalaksh, Partner, and Ashish Garg, Senior Associate at Economic Laws Practice (ELP) have co-authored an article titled ‘E-invoicing – Whether the Relevant Provisions of GST Law Require Patchwork?’ published by Taxsutra.
The article sheds light on the legal framework governing the implementation of the e-invoicing scheme and the disconnect between Section 31 of CGST Act and Rule 48 of CGST Rules. The authors draw attention to the potential consequences if Rule 48(4) is found to be in contravention of Section 31, which could potentially impact the validity of Notification No. 13/2020 dated March 21, 2020, thereby bringing the entire scheme of e-invoicing into jeopardy.
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