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2021 (12) TMI 464 - AAR - GSTTransfer of Credit under Rule 54(1A) of the CGST Rules to the ISD - issuance of Invoice or Debit/Credit Note - Outward Taxable Supplies or not - HELD THAT:- Under rule 54(1A)(a), of the CGST rules inserted vide Notification No. 3/2018 dated: 23.01.2018, a registered person having same PAN and State code and having Input Service Distributor(ISD) may issue an invoice or, a credit note or a debit note in order to transfer the credit of the common input services to the ISD. And such invoice shall contain taxable value and rate and amount of credit to be transferred. Under clause (b) of this sub rule the taxable value in such invoice shall be the same as the value of common service - Further, under Sec 37(1) of the CGST Act, 2017 and Sec 14 of the IGST Act, 2017 read with rule 59(1) of CGST Rules, 2017 every registered person other than an ISD or Non-Resident Taxable Person (NRTP) or a person opting for composition or a person doing TDS & TCS on the supplies received shall furnish details of outward supplies in Form GSTR-1. A combined reading of the provisions prescribed above clearly indicate that a registered person intending to transfer the credit on common input services to ISD shall file the details of such credit in Form GSTR-1. However, if an invoice is raised on an ISD with the same State code the credit of tax can be issued for CGST & SGST by utilizing the IGST credit as indicated under Sec 49 of the CGST Act, 2017.
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