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Regarding e-invoice

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priyanshu shroti

45 Points Joined September 2022

Sir/Madam,

1. If e-invoice has not been generated in the past years within the time limit, will penalty will be leviable?

2. If e-invoice has not been generated for the past years, can it be generated for the back date?

Replies (1)

Rama chary Rachakonda

Master in Accounts & high court Advocate

9434 Points Joined December 2011

I'll address both questions:

E-Invoice Penalty and Backdating

1. Penalty for Non-Generation of E-Invoices

1. *Penalty Applicability*: As per Rule 48(5) of the CGST Rules, 2017, a penalty of ₹500 per invoice can be levied for non-generation of e-invoices within the stipulated time.

2. *Time Limit*: The time limit for generating e-invoices varies depending on the type of supplier and the value of the invoice.

3. *Past Years' Non-Compliance*: If e-invoices were not generated within the time limit in past years, the penalty may still be leviable.

*2. Generating E-Invoices for Past Years*

1. *Backdating Allowed*: As per the CBIC's clarification (Circular No. 134/3/2020-GST dated March 23, 2020), e-invoices can be generated for past dates, but only if the original invoice was issued before the e-invoicing system became mandatory.

2. *Conditions for Backdating*: To generate e-invoices for past years,

you must ensure that: 1. The original invoice was issued before the e-invoicing system became mandatory.

2. The e-invoice is generated using the correct Invoice Reference Number (IRN).

3. The e-invoice is generated within a reasonable time frame.

3. *Penalty Waiver*: If you generate e-invoices for past years, you may be eligible for a penalty waiver, but this is subject to the discretion of the tax authorities.

In conclusion, while penalties may be leviable for non-generation of e-invoices within the stipulated time, it is possible to generate e-invoices for past years under certain conditions.

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