Answer

GST

Penalty for not generating e-invoices

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  1. Facts

    An invoice issued without IRN is not valid under Rule 48(5). Not issuing a valid invoice can attract penalty under Sec 122, the higher of ₹10,000 or the tax involved, and procedural failures can attract general penalty up to ₹25,000 under Sec 125. Goods moving with such invoices may also be detained.

  2. Provisions and law

    • Sec 122, CGST Act 2017Penalties for offences such as invoices without supply and wrong ITC
    • Sec 125, CGST Act 2017General penalty up to ₹25,000 where no separate penalty is given
    • Rule 48(5), CGST Rules 2017An invoice issued without following Rule 48(4) is not a valid invoice
  3. Analysis

    Penalty exposure is per invoice, so a month of missed IRNs can be serious. The more immediate cost is commercial: buyers withhold GST and may stop orders. If you find a lapse, correct it quickly and keep records of the corrective steps.

  4. Conclusion

    1. Audit a month of invoices for IRN
    2. Fix any lapse through IRP reporting or credit notes and reissue
    3. Document the correction
    4. Train billing staff and lock the billing system

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