Rule 46(s) – Declaration in tax invoice under GST

Rule 46(s)
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Last updated on August 3rd, 2022 at 05:40 pm

Rule 46(s) – Declaration in tax invoice under GST

Rule 46(s) of CGST Rules,2017 

It is an additional requirement [Declaration under Rule 46(s)]  that needs to be fulfilled while generating a tax invoice by the registered person to whom by virtue of AATO, e-invoicing would have been applicable as per rule 48(4) but is not generating e-invoices due to certain exemptions notified by Govt.

Rule 46(s) was inserted by First Amendment, 2022 to the CGST Rules, 2017 vide a CGST Notification no. 14/2022 dated 5th July 2022 and will come in force on 5th July 2022.

What is the declaration to be added to the tax invoices?

The following declaration shall be added to the tax invoice for cases where the e-invoice is not being generated

” I/We hereby declare that though our aggregate turnover in any preceding financial year from 2017-18 onwards is more than the aggregate turnover notified under sub-rule (4) of rule 48, we are not required to prepare an invoice in terms of the provisions of the said sub-rule.”

Who needs to comply with Rule 46(s)?

Following taxpayers will have to comply with the requirement of “Declaration under Rule 46(s)”

Registered persons who are generating e-invoices for B2B supplies will have to add the above declaration for B2C invoices.

Registered persons whose AATO exceeds the notified limit but were exempted by CGST Notification No. 13/2020No. 61/2020No. 70/2020

Special Economic Zone Units

Insurers

 Banking companies or financial institutions, including a non-banking financial company (NBFC)

Goods Transport Agency (GTA) supplying services in relation to transportation of goods by road in a goods carriage

Suppliers of passenger transportation service

 Suppliers of services by way of admission to an exhibition of cinematograph films in multiplex screens

 Persons registered in terms of Rule 14 of CGST Rules (OIDAR)

How to comply with the requirements of the above rule?

Taxpayers can either amend to add the above declaration in the billing software or get a rubber stamp with the above declaration.

 

Which tax invoices should contain the declaration under rule 46(s)?

Taxpayers whose AATO exceeds the notified limit will be required to add the declaration in the tax invoices in the following cases

Taxable Supplies

Whether an e-invoice is being generated Declaration under rule 46(s) to be added in e-invoice

B2B

Yes No
B2C No

Yes

B2B or B2C supplies of an exempted category of taxpayers For eg. GTA, NBFC etc. No

Yes

 



Rule 46(s) – A declaration as below, that invoice is not required to be issued in the manner specified under sub-rule (4) of rule 48, in all cases where an invoice is issued, other than in the manner so specified under the said sub-rule (4) of rule 48, by the taxpayer having aggregate turnover in any preceding financial year from 2017-18 onwards more than the aggregate turnover as notified under the said sub-rule (4) of rule 48 –

“I/We hereby declare that though our aggregate turnover in any preceding financial year from 2017-18 onwards is more than the aggregate turnover notified under sub-rule (4) of rule 48, we are not required to prepare an invoice in terms of the provisions of the said sub-rule.”



 

 

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About CA Ankita Khetan 196 Articles
Ankita is a Chartered Accountant in practice and holds a Diploma in IFRS (from ACCA, UK). She is also a Commerce PG and Certified Independent Director (from IICA). She holds a certification in Forex and Treasury Management. Her area of expertise is GST and Income tax. She is passionate about reading, writing, and sharing knowledge on areas related to finance and taxation.

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