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Notwithstanding anything contained in this Act or any other law for the time being in force, where any supply is made for a consideration, every person who is liable to pay tax for such supply shall prominently indicate in all documents relating to assessment, tax invoice and other like documents, the amount of tax which shall form part of the price at which such supply is made.
33.1 Analysis
With the non-obstante clause, this provision secures preference over any other provision to the contrary whether in this Act or elsewhere. And it states that all documents need to carry the tax that forms part of the price of supply.
This provision therefore holds that the price charged to be the ‘cum tax’ price of the supply. Tax included in the price is that actually assessed on the supply.
It means that if the supply price is Rs.1000/- which is inclusive of tax then every document must state that “the price of Rs.1000 includes – say IGST of Rs.180/- or alternatively say supply price is Rs.820 and IGST Rs.180 total Rs.1000.
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