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Issue of Debit note without issue of Original Invoice/ bill of supply is not valid [Sec 31 to34 GST]

Others 542 views 1 replies

I think as per section 31 to 34 of GST Act,2017 issue of Invoice/bill is mandatory and it becomes a precondition to issue original voucher before issue of  debit note . How to meet the situation lawfully?

I purchased LG Refrigerator from a local dealer which turned defective & necessitated replacement.

I got replacement from LG instead of local dealer.

Now local dealer or LG are not issuing invoice/bill.

LG have issued debit note to me without my name & address as customer without issuing original invoice/bill of supply.

I also paid difference between old (depreciated value) & new model. LG don't give me receipt voucher or money receipt.

 

Replies (1)

Hi Wala,

You’re absolutely right that under GST Sections 31 to 34, issuing a proper invoice or bill of supply is mandatory before issuing a debit note. The debit note can only modify the value or quantity of an original invoice already issued.

Legal Position:

  • Section 31(1) mandates that a registered person must issue a tax invoice before or at the time of:

    • Supply of goods or services

    • Receipt of payment

  • Section 34 talks about debit and credit notes which must reference the original invoice.

  • Issuing a debit note without an original invoice is not valid under GST law.


Your Situation:

  • You purchased a refrigerator from a local dealer → no invoice issued by dealer

  • Replacement received directly from LG → LG issued debit note without original invoice details and without your details

  • You paid the difference but have no receipt or invoice from LG


What should you do to stay lawful and protect yourself?

  1. Demand Original Invoice/Bill of Supply from Local Dealer or LG

    • You need a valid tax invoice for the original sale or replacement. This is your proof of purchase and basis for any debit note.

    • Without the invoice, you cannot claim input tax credit (if applicable), nor is the debit note valid.

  2. Request LG to Issue Proper Invoice for Replacement and Amount Paid

    • LG should issue a tax invoice or bill of supply with your name and address and GST details.

    • The invoice should clearly state it is for the replacement and reflect the difference paid by you.

  3. Reject Debit Note Without Proper Details

    • Debit note without your details and without referencing an original invoice is invalid.

    • You are under no obligation to accept or pay against such a debit note.

  4. Document All Correspondence

    • Keep records of all communications with the dealer and LG requesting proper invoices.

    • If needed, these will help if you escalate the issue to consumer forums or GST authorities.

  5. Escalate if Necessary

    • If the dealer or LG refuse to issue proper invoices, you can file a complaint with the GST department or consumer protection authorities.

    • Also consider writing a formal legal notice through a lawyer.


Summary:

Issue Law & Action
Debit note issued without original invoice Not valid under GST law (Sec 31-34)
No invoice/bill from local dealer or LG You must request invoice for lawful documentation
LG debit note without customer details Invalid; ask for proper invoice with your details
No receipt for difference paid Demand money receipt or invoice
What if they refuse? Escalate to GST or consumer forum


CCI Pro

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