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Credit note bill format for Technical Support

good morning friends we will discuss a very very burning issue for trading organizations and manufacturing organization in the matter of commercial credit notes and its treatment under gst in this video friends the issue is that in case of secondary discounts wherein a commercial credit note is issued by a supplier to the recipient of the goods can that be treated as a service from the recipient of the commercial credit note to the supplier this issue is being raised by various field officers across the country especially for trading organizations and manufacturing organizations and we are going to deal with this issue in this video but before that let us set the context and let us discuss few other issues in this area so a credit note can be issued under section 34 of the cgst act 2017 as amended from time to time in three instances first where the taxable value and tax charged is more than the taxable value and tax which should have been charged 2 in case there is a deficiency of supply of goods or services and 3 in case of sales return so generally a discount in business is passed on and a post sale discount is passed on by means of a credit note under the first limp of section 34 that is where the taxable value and tax charged is more than the taxable value and tax which should have been charged only if it satisfies the triple test first test that there has to be a pre-sale agreement for this secondary discount second test is that the credit note so passed should be linked to the original invoice you might ask me a question that the linking of the credit note with the original invoice has been done away with in february 2019 but let me tell you that that has been done away only for the purposes of gst portal and not for the purpose of rule 53 1a still credit notes need to be linked to the original invoices in case of secondary discounts and the third test of issuing a gst credit note is that the recipient of the gst credit node should have reversed the corresponding input tax credit only if these three tests are passed can a gst credit note in the case of post sale discount be issued otherwise it has to be passed on by means of a commercial credit note or a financial credit note or any other name which you might call it now let us understand this by means of an example say a manufacturer of television sets a sells a television set for 1 lakh plus 18 000 gst to its dealer b for resale to the customer now for three months this dealer cannot sell the television set and as you know the value of the electronic goods are always moving downwards therefore after three months the dealer b asks a to take away the television set so a comes out with a scheme as an after thought it says that it will issue a 10 000 rupees credit note to be and therefore b can sell the television set at 95 000 instead of more than one lakh rupees that is its cost price therefore b sells it at ninety five thousand plus say seventeen thousand rupees gst a issues a commercial credit note of ten thousand two b and b makes a profit of 5000 rupees in this transaction now the issue first is that there is an accumulation of 1000 rupees of itc with b which b can liquidate only if it sells certain other goods or services however it can carry forward this itc till times eternity and this itc will not lapse as far as utilization of the itc is concerned now second issue which the field officers were raising until six months back was that would there be a requirement of reversal of this 1000 rupees of itc with b that is now clear that there is no requirement of reversal of itc of 1000 rupees by b in the case of issue of commercial credit notes that has been clarified by circular 92 11 2019 dated 7th of march 2019 para d clause 6 where it is said that there is no impact on itc availability or otherwise with the supplier also the same was fully clarified by circular 105 however that was rescinded due to some other reasons furthermore the appellate advanced ruling authority of tamil nadu in the same year on 24th of june 2019 in the case of mrf limited has held that there is no requirement of reversal of itc however now in the last six months or so the field formations as well as certain enforcement authorities across the country have come out with another issue and which i would say is more of an imagination rather than a real issue it is being said that this commercial creditor of 1000 rupees issued by a to b is actually in the form of a consideration for certain service which is rendered by b to a by selling the television set friends in our legal submission this is not an issue at all because over here the only activity which is rendered is that of sale of television sets by b to customer and an initial purchase of the television set by b from a this credit note of 10 000 rupees in the form of commercial credit note is only with respect to such activity and can be linked or has a nexus to only this activity which is a sale of goods by a to b there is no other activity at all and hence there is no service which is rendered by b to a in this case the credit note is passed as a commercial credit note because it does not satisfy the conditions the triple test we discussed as laid down by section 15 subsection 2 clause b this is a mere financial transaction in the nature of discount given by a to b and hence the allegation of a service by b to a should not sustain in our legal submission in this case and another question which is asked by certain dealers who are under hardship and who have been questioned ingly by the field officers or by certain enforcement wings is that sir should we give a gst credit note in this case in our view it is not right to color a non-gst transaction with a gst transaction just because certain field formations are taking a view which is not as per the business conducted by the taxpayer as well as it is not as per the gst law if the cbic ministry of finance is watching this video i would humbly request for a circular which is now the need of the r on this critical issue there are many other such commercial credit nodes which are passed on for many other transactions and therefore it is important that the cbic clarifies this by means of a circular immediately and the dealers if they are required to issue a service invoice it would be a revenue neutral transaction the dealers can follow ingly however it is very important that there is a clarity for the field officers in this particular case thank you very much do keep watching for further updates on gst income tax customs dgft matters do like share and press the bell button on this channel and share this video for maximum knowledge dissemination thank you very much