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Recovery of arrears of wrongly availed credit under the existing law and inadmissible transitional credit. - GST - States - 18/2018-GSTExtract GOVERNMENT OF ASSAM OFFICE OF THE COMMISSIONER OF TAXES, ASSAM KAR BHAWAN DISPUR, GUWAHATI-6 CIRCULAR NO. 18/2018-GST Dated Dispur the 18th September, 2018, Subject: Recovery of arrears of wrongly availed credit under the existing law and inadmissible transitional credit - regarding . No. CT/GST-15/2017/183.- Various representations have been received seeking clarification on the process of recovery of arrears of wrongly availed Value Added Tax credit under the existing law and input tax credit wrongly carried forward as transitional credit in the GST regime. In order to ensure uniformity in the implementation of the provisions of the law across the field formations, the Commissioner, in exercise of its powers conferred under section 168 of the Assam Goods and Services Tax Act, 2017 (hereinafter referred to as the Assam GST Act ), hereby specifies the process of recovery of the said arrears and inadmissible transitional credit in the succeeding paragraphs. 2. The Commissioner vide Circular No. CT/GST-15/2017/79 dated 2nd May, 2018, has clarified that the recovery of arrears arising under the existing law shall be made as state tax liability to be paid through the utilization of the amount available in the electronic credit ledger or electronic cash ledger of the registered person, and the same shall be recorded in Part Il of the Electronic Liability Register ( FORM GST PMT-01 ). 3. Currently, the functionality to record this liability in the electronic liability register is not available on the common portal. Therefore, it is clarified that as an alternative method, taxpayers may reverse the wrongly availed credit under the existing law and inadmissible transitional credit through Table 4(B)(2) of FORM GSTR-3B. The applicable interest and penalty shall apply on all such reversals which shall be paid through entry in column 9 of Table 6.1 of FORM GSTR-3B . 4. This Circular is clarificatory in nature and not meant for any interpretation of provisions of the Act and rules. 5. Difficulties, if any, in implementation of the above instructions may be brought to the notice of the Commissioner at an early date. Sd/- Anurag Goel, IAS., Commissioner of State tax, Assam, Dispur, Guwahati Dated Dispur the 18th September, 2018 Memo No. CT/GST-15/2017/183-A
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