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Non-GST invoices and GST payment

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Hello 

Can a service provider supplying services to a service exporter under a Letter of Undertaking (LUT) continue issuing non-GST invoices or pro forma invoices after exceeding the threshold limit of ₹20 lakhs?

Additionally, in the absence of a formal agreement between the service provider and the service exporter, can the service provider demand GST payment retrospectively if registration was delayed due to departmental processing?

Under GST law, can a service exporter be legally compelled to bear and pay the GST liability of the service provider in cases where the provider’s registration was delayed or not obtained on time?

 

Replies (1)
  • Invoice Compliance: A domestic service provider cannot continue issuing non-GST invoices after crossing the ₹20 Lakh threshold. They must apply for registration within 30 days and eventually issue Revised Tax Invoices for the interim processing period.

  • Retrospective Tax Demand: Yes, the supplier can demand the tax retrospectively. Section 31(3)(a) allows them to issue revised invoices within 1 month of getting their registration certificate to regularize past transactions.

  • Compelling the Exporter: The GST department holds the supplier liable, not the recipient. However, the exporter should commercially pay the retrospective tax only if the supplier provides a valid Revised Tax Invoice that allows the exporter to successfully claim Input Tax Credit (ITC) and a subsequent export refund.


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