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2018 (7) TMI 881

Input Tax Credit (ITC) - seeking credit packaging material which is to be used in exempted supply, till they are into their stock - ITC while transferring goods between their 'own branches - multiple taxes on transfer of goods to other branches of the applicant - Held that:- As per provisions of section 17(2) of CGGST Act, 2017 any registered recipient can claim ITC to the extent of taxable stock or taxable outward supply shown in their returns. The registered recipient cannot claim ITC on t .....

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ir own branches in other States, in terms of section 17(2) of Chhattisgarh Goods and Service Tax, Act 2017. - NO. STC/AAR/01/2018 - Dated:- 6-6-2018 - S.K. BUXY AND RAJESH KUMAR SINGH, MEMBER Ruling 1. The Applicant M/s VNR Seeds Pvt. Ltd. Raipur, GSTIN 22AACCV0174D1ZW has filed the application U/s 97 of the Chhattisgarh Goods & Services Tax Act, 2017 requesting advance ruling to keep Input Tax Credit (ITC) of the packaging material till they are into their stock and regarding ITC while tran .....

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ging materials and other consumables from one branch to another and from one processing unit to another. 3. Contention of the applicant:- I. The applicant wants to use Input Tax Credit (ITC) on the aforesaid purchased packaging materials and keep credit till they are in their stock. II. The applicant transfers aforesaid taxable inputs within its own branches situated in various States across India and are required to pay GST merely for these inter-branch transfers. It was thus their contention t .....

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submitted that they are involved in the business of supplying seeds in packaged form using such packaging materials. Seeds are exempted from GST whereas packing materials and other consumables are taxable. Thus, this supply of the applicant falls under the category of composite supply, as stipulated under the provisions mentioned hereunder:- i U/s. (2)30 of CGGST Act, 2017:- "Composite Supply" means a supply made by a taxable person to a recipient consisting of two or more taxable supp .....

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ly of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person. iv U/s. 49(1) of CGGST Act, 2017:- Every deposit made towards tax, interest, penalty, fee or any other amount by a person by internet banking or by using credit or debit cards or National Electronic Fund Transfer or Real Time Gross Settlement or by such other mode and subject to such conditi .....

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s is attributable to the said taxable supplies including zero-rated supplies. 5.2 As per the above stipulated provisions of section 17(2) of CGGST Act, 2017 any registered recipient can claim ITC to the extent of taxable stock or taxable outward supply shown in their returns. The registered recipient cannot claim ITC on the amount of taxable supply component included in the total amount of exempted supply. The amount of unclaimed ITC shall also be reversed in the electronic ledger of the same mo .....

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