Transitional Provisions - FAQ on GST (2nd Edition) dated 31.3.2017

Chapter: 24
Transitional Provisions
Question 1	:	Will CENVAT credit (or VAT credit) carried forward in the last return prior to GST under existing law be available as ITC under GST?
Question 2	:	What are those conditions?
Question 3	:	A registered person, say, purchases capital goods under the existing law (Central Excise) in the June quarter of 2017-18. Though the invoice has been received within 30th June but the capital goods are received on 5th July, 2017 (i.e. in GST regime). Will such a person get full credit of CENVAT in GST regime?
Question 4	:	VAT credit was not available on items 'X' & 'Y' as capital goods in the existing law (Central Excise). Since they are covered in GST, can the registered taxable person claim it now?
Question 5	:	Assuming the registered person has wrongly enjoyed the credit (Refer to Q4) under the existing law, will the recovery be done under the GST Law or the existing law?
Question 6	:	Give two examples of registered taxable persons who are not liable to be registered under the existing law (Central Excise / VAT) but are required to be registered under GST?
Question 7	:	Will ITC be allowed to a service provider on VAT paid inputs held as stock on the appointed day?
Question 8	:	A registered person has excess ITC of ₹ 10, 000/- in his last VAT return for the period immediately preceding the appointed day. Under GST he opts for composition scheme. Can he carry forward the aforesaid excess ITC to GST?
Question 9	:	Sales return under CST (i.e. Central Sales Tax Act) is allowable as deduction from the turnover within six months? If, say, goods are returned in GST regime by a buyer within six months from appointed day, will it become taxable in GST?
Question 10	:	Shall a manufacturer or a job worker become liable to pay tax if the inputs or semi-finished goods sent for job work under the existing law are returned after completion of job work after the appointed day?
Question 11	:	What happens if the job worker does not return the goods within the specified time?
Question 12	:	Can a manufacturer transfer have finished goods sent for testing purpose to the premises of any other taxable person?
Question 13	:	If finished goods removed from a factory for carrying out certain processes under existing law are returned on or after the appointed day, whether GST would be payable?
Question 14	:	When tax shall become payable in GST on manufactured goods sent to a Job worker for carrying out tests or any other process not amounting to manufacture under the existing law?
Question 15	:	Is extension of two months as discussed in section 141 automatic?
Question 16	:	What is the time limit for issue of debit/credit note(s) for revision of prices?
Question 17	:	What will be the fate of pending refund of tax/interest under the existing law?
Question 18	:	What will be fate of any appeal or revision relating to a claim of CENVAT/ITC on VAT which is pending under the existing law? If say, it relates to output liability then?
Question 19	:	If the appellate or revisional order goes in favour of the assessee, whether refund will be made in GST? What will happen if the decision goes against the assessee?
Question 20	:	How shall the refund arising from revision of return(s) furnished under the existing law be dealt in GST?
Question 21	:	If any goods or services are supplied in GST, in pursuance of contract entered under existing law, which tax will be payable?
Question 22	:	Tax on a particular supply of goods/services is leviable under the existing law. Will GST be also payable if the actual supply is made in GST regime?
Question 23	:	In pursuance of any assessment or adjudication proceedings instituted, after the appointed day, under the existing law, an amount of tax, interest, fine or penalty becomes refundable. Shall such amount be refundable under the GST law?
Question 24	:	If services are received by ISD under the earlier law, can the ITC relating to it be distributed in GST regime?
Question 25	:	Where any goods are sold on which tax was required to be deducted at source under State VAT law and an invoice was also issued before the appointed day, shall deduction of tax at source shall be made under this Act if the payment is made after the appointed day?
Question 26	:	Goods were sent on approval not earlier than six months before the appointed day but are returned to the seller after 6 months from the appointed day, will tax be payable under GST?