Answer

GST

E-invoice raised on the buyer's wrong GSTIN

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  1. Facts

    Once 24 hours pass, the IRN cannot be cancelled. The accepted fix is a credit note against the wrong GSTIN for the full value and a fresh e-invoice to the correct GSTIN, both reported to the IRP.

  2. Provisions and law

    • Sec 34, CGST Act 2017Credit and debit notes; credit notes must be declared by 30 November of the next year
    • Rule 48(4), CGST Rules 2017Notified persons must upload invoice details to the IRP and get an IRN
    • Sec 16(2)(aa), CGST Act 2017ITC only when the invoice is furnished by the supplier and communicated in GSTR-2B
  3. Analysis

    The wrong buyer sees the invoice in his GSTR-2B and must not claim it, and the right buyer gets credit only after the fresh invoice. Tell both parties in writing. Check that GSTR-1 shows the credit note and the new invoice in the right periods.

  4. Conclusion

    1. Issue a credit note to the wrong GSTIN and report it to the IRP
    2. Issue a fresh e-invoice to the correct GSTIN
    3. Inform both buyers in writing
    4. Check GSTR-1 reflects both documents

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