Bihar Value Added Tax Act,2005
Act No : 27
Section :
Issue of tax invoice and debit and credit notes.
53. Issue of tax invoice and debit and credit notes.-(1) A registered dealer, making a sale liable to tax under this Act, to another registered dealer shall, provide the purchaser at the time of sale, a tax invoice containing the particulars specified in sub-section (2) and retain a copy thereof: Provided that a tax invoice shall not be issued-(a) by a dealer permitted to pay tax under section 15; or(b) for the sale in the course of inter-State trade or commerce or export by a dealer,and in such cases a retail invoice shall be issued:Provided further that not more than one tax invoice shall be issued for each such sale:Provided also that if an invoice has been issued under the provisions of the Central Excise Act, 1944 (1 of 1944), it shall be deemed to be a tax invoice if it contains the particulars specified in sub-section (2). (2) The tax invoice issued under sub-section (1) shall contain the following particulars on the original as well as copies thereof, namely :-(a) the words ''Tax Invoice'' in a prominent place;(b) the name, address and tax payer identification number of the sellingregistered dealer;(c) the name, address and tax payer identification number of the purchaser;(d) an individual pre-printed serialised number and the date on which the tax invoice is issued;(e) description, quantity, volume and value of goods sold and the amount of tax charged thereon indicated separately;(f) the signature of the selling dealer or his manager, agent or servant duly authorised by him; and(g) the name and address of the printer and first and last serial number of tax invoices printed and supplied by him to the dealer.(3) A tax invoice in respect of a sale shall be issued in duplicate and the original of which shall be issued to the purchaser (or the person taking the delivery, as the case may be) and the duplicate shall be retained by the selling dealer.(4) Except when a tax invoice is issued under sub-section (1), if a dealer sells any goods exceeding such amount in value as may be prescribed, in any one transaction to any person, he shall issue to the purchaser a retail invoice containing the particulars specified in sub-section (5) and retain a copy thereof.(5) The retail invoice issued under sub-section (4) shall contain the followingparticulars on the original as well as copies thereof, namely:-(a) the words ''Retail Invoice'' or ''Cash Memorandum'' or ''Bill'' in aprominent place;(b) the name, address and tax payer identification number of the selling dealer, if registered;(c) in case the sale is in the course of inter-State trade or commerce, the name, registration number and address of the purchasing dealer and type of any form, under the Central Sales Tax Act, 1956 (74 of 1956), if any, against which the sale has been made;(d) an individual pre-printed serialised number and the date on which the retail invoice is issued;(e) description, quantity, volume and value of goods sold and amount of tax charged thereon indicated separately; and(f) the signature of the selling dealer or his servant, manager or agent, duly authorised by him.(6) The retail invoice shall be issued in duplicate, and the original of which shall be issued to the purchaser and the duplicate copy of which shall be retained by the selling dealer. (7) The Commissioner may, by notification, specify the manner and form in which the particulars on a tax invoice or retail invoice are to be recorded.(8) If a purchaser claims to have lost the original tax invoice, the selling dealer may, subject to such conditions and restrictions as may be prescribed, provide a copy of such tax invoice clearly marked as a copy of the original tax invoice.(9) Where a tax invoice has been issued in respect of a sale and-(a) the amount shown as tax in that tax invoice exceeds the tax payable in respect of the sale, the dealer shall provide the purchaser with a credit note, containing such particulars as may be prescribed; or(b) the tax payable in respect of the sale exceeds the amount shown as tax on the tax invoice, the dealer shall provide the purchaser with a debit note, containing such particulars as may be prescribed.(10) Every dealer referred to in sub-section (1) shall preserve books of accountincluding tax invoices and retail invoices until the expiry of six years after the end of the year to which they relate or for such other period as may be prescribed.(11) If a registered dealer contravenes the provisions of this section, the prescribed authority shall, after giving the dealer an opportunity of being heard, direct him to pay by way of penalty a sum equivalent to twice the amount of tax payable for each sale in respect of which such contravention has taken place.
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