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Goods and Service Tax-transition relief –scenario and Guidelines-Issuance of certain instructions – Reg.

GST - States - CCT’s Ref No. A(1)/72/2017 - Dated:- 24-6-2017 - Office of the Commissioner of Commercial Taxes Telangana State :: Hyderabad CCT s Ref No. A(1)/72/2017, Dt.24-06-2017 Sri V. Anil Kumar, I.A.S., Commissioner (CT) Circular GST-Transitional Relief - Certain Guidelines Sub:- Goods and Service Tax-transition relief -scenario and Guidelines-Issuance of certain instructions - Reg. Ref: - Chapter 20 of the State Goods and Service tax Act, 2017. *** Attention is invited to the subject and .....

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ansitional arrangements for input tax credit 3. Section 141 : Transitional provisions relating to job work 4. Section 142 : Miscellaneous transitional provisions As per these provisions of the above Acts;- i. The transitional relief will be available to dealers registered under GST and who do not opt for composition scheme ii. The transition relief has to be claimed within 90 days of the appointed day in Form GST TRAN1 iii. The transition relief will be available for dealers registered under VAT .....

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like tax invoice or excise challan they are eligible to claim ITC as per the document, if purchased within 12 months prior to appointed day. If they do not possess taxpaying document, then credit is available at the rate of 60% in case the goods are to be taxed at 18% on payment of GST and 40% for other goods. The various scenario in claiming of transition relief are enclosed in Annexure 2. The following are the action to be taken to ensure dealers avail the transition relief with ease and at th .....

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e submitted to Commissioner, CT for conducting verification in case the situation arises. v. VAT Dealers can claim only CENVAT credit on stocks, if they are not registered under CENVAT. VAT credit cannot be claimed on stocks except by TOT dealers and dealers opted for composition. These aspects may be verified carefully. Therefore, a non-composition or a non TOT dealer claiming relief for VAT paid on stock may be flagged. vi. The identification of dealers for verification of stock position has t .....

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ting first-in-first-out accounting method. • All the cases where the rate of Tax on goods was higher in the existing Law (CENVAT + VAT) but is taxed at a reduced rate under GST Law are prone to stock manipulation. Therefore, all such cases may be flagged. All the Deputy Commissioners are to take immediate action in this regard and report compliance. Sd/- V. Anil Kumar Commissioner (CT) To All the Deputy Commissioners (CT) in the State. Copy to all the Senior Officers in O/o CCT. Annexure 1 .....

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oods as ITC in GST. c) A dealer can avail Tax / Duty paid on stocks as ITC in GST. d) A dealer can avail ITC of Tax / Duty paid on goods received after appointed day. e) A dealer can avail refund of Tax / Duty paid on goods sold before appointed day but returned after appointed day. 4) How can the transitional relief be availed? Ans) The dealer has to file a GST TRAN-1 Form within (90) days from the appointed day through the GSTN Portal, to claim transitional reliefs. Transitional Issues, Relief .....

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capital goods which is not part of CCF can be availed as ITC in GST Such credit should be admissible under CENVAT and GST Law. 3. Duty or Tax paid on unsold stock can be availed as ITC in GST in the case of Presently un-registered person. Person using Taxable input for exempt output. (a) Such stock should be covered by invoices evidencing payment of Tax / Duty and should not be earlier than (12) months from the appointed day. (b) If invoice is not there, then stock should be covered by other pur .....

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ment in respect of this credit should be furnished. 5. A TOT dealer or a dealer under composition can claim Tax / Duty paid on unsold stocks as ITC in GST. The invoice evidencing payment of Tax and relatable to stock shall not be earlier than (12) months from the appointed day. Stock statement should be provided in TRAN-1. 6. If goods sold earlier to appointed day are returned after appointed day then Tax will be refunded if purchaser is unregistered. It will be supply if purchaser is registered .....

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dit in the GST by declaring it in GST TRAN-1 form within 90 days from Appointed Day (AD). • The Registered Person (RP) claiming the CCF:- o Shall not be under composition in GST. o Such credit is admissible under GST. o Such RP should have filed returns for the past 6 months from AD. • CCF under CENVAT Act can be claimed by uploading details in Column 5(a) of the GST TRAN -1 form if:- o The credit is not related to goods manufactured and cleared under any exemption notification. • .....

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tal Goods. • Section 140(2) of CGST Act read with Rule 1(2) of Transition Rules. • For CGST un-availed CENVAT credit on capital goods can be claimed by declaring the same in Statement 6 of GST TRAN-1 form. Scenario 3:- Treatment of tax paid on the stocks in certain cases. • Section 140(2) of CGST Act read with Rule 1(2b) and Rule 1(4). • In case of persons who are not registered under CENVAT/VAT or registered CENVAT/VAT persons are not liable to pay tax and such persons are h .....

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; 9% then credit is 40% of GST paid. If IGST > or = 18% then credit is 30% of IGST paid. If IGST < 18% then credit is 20% of IGST paid. o The details of stock shall be provided in statement 7(a),(b) & (c) of GST TRAN-1 form and a monthly statement in GST TRAN-2 for 6 months. Scenario 4:- Treatment of credit pertaining to taxable and exempt goods / services under the existing law but taxable under GST and dealt by a single RP:- • Section 140(4) • The portion of CCF shall be tr .....

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Ps paying tax at fixed rates / amount under the existing law. • Section 140(6) • They can claim credit of eligible duty of CENVAT / VAT in GST. • They shall possess an invoice in respect of such inputs. • Such invoices shall not be earlier than 12 months prior to AD. • The details of stock shall be provided in statement 7(a), (b) & (c) of GST TRAN-1 form. Scenario 7:- Treatment of ITC on services received prior to AD by a input service distributor. • Section 140 .....

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