dyopact
GST & Compliance

Bill of Supply vs Tax Invoice Under GST: When to Issue, Rules & Formats

AK

Akash Kore

· 6 min read

✓Fact-Checked & Verified · FY 2026-27

Under Indian GST law, every transaction must be documented by a compliant commercial document. However, not every billing document is a 'Tax Invoice'. Small traders operating under the Composition Scheme and suppliers of wholly exempt goods are legally prohibited from issuing tax invoices or charging GST. Issuing a tax invoice when you should issue a Bill of Supply (or vice versa) can lead to penalties for unauthorized tax collection under Section 76. Here is the legal breakdown.

★Quick Summary & Key Takeaways
  • ✓A Tax Invoice is issued by regular registered taxpayers for taxable supplies and allows the recipient to claim Input Tax Credit (ITC).
  • ✓A Bill of Supply is issued under Section 31(3)(c) by composition dealers or suppliers of exempt goods/services; it cannot charge GST and cannot be used for ITC.
  • ✓Composition dealers must explicitly state on every Bill of Supply: 'Composition taxable person, not eligible to collect tax on supplies'.
  • ✓Under Rule 46A, a registered person supplying both taxable and exempt goods to an unregistered person can issue a consolidated 'Invoice-cum-Bill of Supply'.

What is a Bill of Supply under Section 31(3)(c)?

Under Section 31(3)(c) of the CGST Act, a registered taxable person must issue a Bill of Supply instead of a Tax Invoice in two statutory scenarios:

1. Composition Taxable Persons: Taxpayers registered under the Composition Scheme (Section 10 of the CGST Act) paying a flat turnover tax (1% for manufacturers/traders, 5% for restaurants, 6% for service providers).

2. Suppliers of Exempt Goods or Services: Taxpayers supplying goods or services that are wholly exempt from GST under Section 11 (e.g. fresh fruits, unbranded food grains, healthcare, basic education).

Bill of Supply vs Tax Invoice: Comparative matrix

Here is how both instruments compare under the CGST Rules:

AttributeBill of SupplyTax Invoice
Governing RuleRule 49 of CGST RulesRule 46 of CGST Rules
Who IssuesComposition dealers & exempt goods suppliersRegular registered GST taxpayers
Tax CollectionStrictly prohibited from collecting GSTMandatorily calculates and collects CGST/SGST/IGST
Input Tax Credit (ITC)Buyer cannot claim any ITCBuyer claims 100% eligible ITC in GSTR-2B
Mandatory Heading'BILL OF SUPPLY''TAX INVOICE'
Special Declaration'Composition taxable person, not eligible to collect tax'None (or E-Invoice / LUT declaration)

Invoice-cum-Bill of Supply under Rule 46A

Under Rule 46A of the CGST Rules, where a registered person is supplying taxable as well as exempted goods or services to an unregistered person (B2C), a single 'Invoice-cum-Bill of Supply' may be issued.

This avoids having to print two separate receipts for a single customer transaction (for example, a retail pharmacy selling taxable cosmetics and tax-exempt life-saving medications simultaneously).

Section 76 Warning: Unauthorized Tax Collection

If a composition dealer or exempt supplier mistakenly charges GST on a bill, Section 76 mandates that they must immediately deposit that collected tax with the government, along with penalties. Ignorance of the law is not accepted as a defense.

Mandatory particulars on a Bill of Supply (Rule 49)

Under Rule 49, a valid Bill of Supply must contain: consecutive serial number (up to 16 characters, unique for FY), date of issue, name, address and GSTIN of supplier, recipient details (if registered), HSN/SAC code, description of goods/services, total value of supply, and signature or digital signature.

Related Dyopact Tools & Templates

Frequently Asked Questions

Can a composition dealer collect GST from customers?

No. Under Section 10(4) of the CGST Act, a composition dealer is strictly prohibited from collecting any GST from the recipient. They must pay tax out of their own pocket and cannot issue a tax invoice.

Can a customer claim ITC on a Bill of Supply?

No. A Bill of Supply contains zero tax and does not qualify as a valid document to claim Input Tax Credit under Section 16(2) of the CGST Act.

Is HSN code mandatory on a Bill of Supply?

Yes. Rule 49 mandates the inclusion of HSN or SAC codes on a Bill of Supply, adhering to the same 4-digit or 6-digit turnover guidelines established under Notification No. 78/2020.

Is a Bill of Supply required if value is less than ₹200?

Under the proviso to Rule 49, a Bill of Supply is not required if the value of goods or services is less than ₹200, unless the recipient requests such a bill. The supplier can issue a consolidated Bill of Supply at the end of each day.

AK

Akash Kore

Founder & Product Architect

Architecting business document operating systems and automated billing workflows for Indian SMBs, agencies, and enterprises.

🛡️ Reviewed by Dyopact Legal & Tax Compliance Desk·Statutory reference: Central Board of Indirect Taxes & Customs (CBIC) & Income Tax Dept
Statutory Legal & Tax Disclaimer: This article is published for informational and operational enablement purposes under Indian commercial and indirect tax laws. It does not constitute formal legal opinion or chartered accountancy counsel. Tax policies, interest formulas, and notification thresholds are governed by the statutory circulars of the GST Council, CBIC, and Ministry of Micro, Small and Medium Enterprises. Consult a certified Chartered Accountant (CA) or commercial legal advocate for transaction-specific advisory.