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The Rule 46(s) Declaration: Proving E-Invoicing Does Not Apply

A supplier above the threshold that does not generate an IRN must say why on the face of the invoice. Missing it puts the recipient's credit into doubt for no reason.

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GST
Published
September 5, 2026
Last updated
Sep 5, 2026
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Last updated: September 2026Verified against: Government sources

A buyer receives an invoice from a large supplier with no QR code and no IRN. Is the supplier exempt, or has it simply failed to comply?

Rule 46(s) makes the supplier answer that on the face of the document.

When it applies

Three conditions, all of which must be present:

1. The supplier's aggregate turnover in any preceding financial year from 2017-18 onwards exceeds the notified limit. Note "any" — once crossed in any year, the applicability test is met permanently. A supplier whose turnover crossed the limit in FY 2019-20 and has since fallen below it is still within the test.

2. The invoice is issued other than under Rule 48(4) — that is, without an IRN.

3. The supplier is nonetheless not required to generate one.

Where all three hold, the declaration goes on the invoice.

The situations it covers

An exempted class of supplier. The proviso to Rule 48(4) allows exemption of a person or class of registered persons. The notified exempted classes include insurers, banking companies and financial institutions including NBFCs, goods transport agencies, passenger transport suppliers, multiplex cinema operators, SEZ units, government departments and local authorities.

Such a supplier may have very large turnover and still, correctly, issue invoices without IRNs. The declaration explains it.

A B2C invoice. E-invoicing applies to B2B, SEZ and export supplies. A covered supplier issuing a B2C invoice does not generate an IRN — and on the wording of clause (s), the declaration is required there too, since the invoice is issued other than under Rule 48(4).

A document outside the e-invoicing scope. A bill of supply, a delivery challan or a voucher is not an invoice under Rule 48(4). The declaration requirement attaches to invoices.

Why the buyer should care

Because Rule 48(5) makes a covered supplier's non-IRN invoice not an invoice at all, and the buyer's credit fails at s.16(2)(a). An invoice without an IRN →

Faced with a large supplier's invoice bearing no QR code, the buyer has three possibilities:

  • the supplier is below the threshold — check its turnover profile;
  • the supplier is in an exempted class — the declaration should say so;
  • the supplier is non-compliant — and the credit is at risk.

The declaration converts an unanswerable question into a documented representation. That is its whole function.

Practical handling

For suppliers:

  • Determine applicability once, on the "any preceding year from 2017-18" test, and record the conclusion.
  • Where an exempted class applies, configure the declaration as standing text on the invoice template.
  • Where the supplier is covered, ensure every B2B, SEZ, export, credit note and debit note carries an IRN, and reserve the declaration for B2C invoices.
  • Do not use the declaration to paper over a failure. A false declaration is a misdeclaration on a statutory document.

For buyers:

  • Add a check to the invoice acceptance process: large supplier, no QR code, no declaration → query before payment.
  • Where the declaration is present, retain the invoice — it is the buyer's evidence of having made the enquiry.
  • Where the supplier claims an exempted class, record which class.

Key takeaways

  • Rule 46(s) requires a declaration where a supplier above the notified turnover in any year from 2017-18 issues an invoice without an IRN.
  • The declaration text is prescribed and should be reproduced verbatim.
  • It covers exempted classes and B2C invoices issued by covered suppliers.
  • Applicability is tested on any preceding year, so it does not lapse when turnover falls.
  • For buyers, the declaration is the answer to why there is no QR code.
  • A false declaration is a misdeclaration on a statutory document.

Read next

Disclaimer: Positions stated as on 5 September 2026, based on the CGST Rules as amended to 31 March 2026 (ICAI Bare Law, 12th edition) and the ICAI Handbook on Invoicing under GST (2025).

Quick recapKey facts & short answers

Key Facts About Rule 46

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What is the Rule 46(s) declaration?

A prescribed statement on the invoice that although the supplier's aggregate turnover in any preceding year from 2017-18 exceeds the notified e-invoicing threshold, it is not required to prepare an invoice under Rule 48(4).

Who must carry it?

A supplier above the notified turnover in any preceding financial year from 2017-18 onwards that issues an invoice otherwise than under Rule 48(4).

Settle the facts first; the right section and the right form follow from them.

— TaxClue Compliance Desk

Rule 46: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

A prescribed statement on the invoice that although the supplier's aggregate turnover in any preceding year from 2017-18 exceeds the notified e-invoicing threshold, it is not required to prepare an invoice under Rule 48(4).

A supplier above the notified turnover in any preceding financial year from 2017-18 onwards that issues an invoice otherwise than under Rule 48(4).

On the wording of the clause, yes — a B2C invoice from a covered supplier is issued other than under Rule 48(4).

Insurers, banking companies and financial institutions including NBFCs, goods transport agencies, passenger transport suppliers, multiplex cinema operators, SEZ units, government departments and local authorities.

No. The test is turnover in any preceding financial year from 2017-18 onwards.

Query the supplier before payment, because Rule 48(5) may make the document not an invoice and the credit would fail.