GST
Presentation by:
N. Sai Kishore, Deputy Commissioner (CT)
S. V. Kasi Visweswara Rao, Deputy Commissioner (CT)
Migration Of Existing Tax Payers
• Sec:139 of the GST Act and Rule 17 of GST Registration Rules:
Every Registered person under present Law, with a valid PAN will be
issued a provisional registration certificate under GST in FORM GST
REG-25.
 Such Registration will be issued when such person enrols on
Common Portal by validating his email address and mobile number.
 Person with Single PAN will be issued a single provisional
registration.
 Person with Centralized Registration will be given single provisional
registration in the State where he is Registered now.
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Migration Of Existing Tax Payers
• Sec:139 of the GST Act and Rule 17 of GST Registration Rules:
 Further information shall be provided within 3 months in
FORM GST REG-26.
 Person who want to exit from GST can apply for cancellation
within 30 days from the appointed date.
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IMPLICATION FOR CREDIT CARRIED FORWARD UNDER
THE PRESENT LAW
SECTION 140 OF GST ACT
SUB-SECTION 1 AND RULE 1 OF GST TRANSITION RULES
CCF OF CENVAT/VAT IN THE LAST RETURN CAN BE CLAIMED AS A CREDIT
UNDER GST. (VAT - ECL of State tax and CENVAT – ECL of Central Tax)
GST TRAN-I SHALL BE FILED WITHIN 90 DAYS
CREDIT SHALL BE
ADMISSIBLE UNDER GST
REGISTERED
DEALER
NOT UNDER
COMPOSITION
UNDER THIS ACT
&
ALL THE RETURNS FOR
THE PAST 6 MONTHS
OUGHT TO HAVE BEEN
FILED
CREDIT NOT RELATEED
TO GOODS MFD
&CLEARED UNDER
EXEMPTION
NOTIFICATION
(CGST)/TRANSACTION
S UNDER CST FORMS
YET TO BE RECEIVED
(SGST)
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IMPLICATION FOR CREDIT CARRIED FORWARD UNDER
THE PRESENT LAW
SECTION 140 OF GST ACT
SUB-SECTION 1 AND RULE 1(1) OF GST TRANSITION RULES
FOR CLAIMING CCF IN VAT, RELATABLE TO CST TRANSACTIONS
VALUE OF CST TRANSACTIONS i.e., CST SALES, BRANCH TRANSFERS,
DEEMED EXPORTS SHALL BE GIVEN WITH FORM NUMBER
IN CASE FORMS NOT RECEIVED-CREDIT SHALL BE REDUCED TO THE
EXTENT OF BALANCE TAX.
IF FORMS ARE SUBMITTED LATER REFUND CAN BE CLAIMED LATER.
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ARRIVING TRANSITION CREDIT UNDER STATE TAX
CREDIT CARRIED
FORWARD ON
APPOINTED DAY
• BASING ON THE
LAST VAT RETURN
UP TO THE
APPOINTED DAY
RESTRICTION OF
CREDIT AGAINST CST
DEMAND
• IF THERE IS
DEMAND DUE TO
NON SUBMISSION
OF STATUTORY
FORMS U/S 3, 5(3),
6, 6-A AND 8(8),
CREDIT CARRIED
FORWARD WILL BE
REDUCED TO THAT
EXTANT
POST APPOINTED DAY
FORMS ARE FILED
• TO THE EXYENT
COVERED BY FORMS
WILL BE REFUNDED
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IMPLICATION FOR UN-UTILIZED CREDIT ON CAPITAL
GOODS UNDER CENVAT.
SECTION 140 OF GST ACT
SUB-SECTION 2 AND RULE 1(2) OF GST TRANSITION RULES
UN-UTILIZED CENVAT CREDIT ON CAPITAL GOODS CAN BE
UTILIZED AS ITC UNDER GST.
ALREADY UTILIZED PORTION OF CENVAT CREDIT SHALL BE
SPECIFIED IN THE GST TRAN-I
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II. CAPITAL GOODS
REGISTERED PERSON
NON
COMPOSITIO
N
UNAVAILED
INPUT TAX
SUCH CREDIT
ALLOWABLE UNDER
THIS ACT
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IMPLICATION FOR STOCKS HELD BY CERTAIN
DEALERS
SECTION 140 OF GST ACT
SUB-SECTION 3 AND RULE 1(2)(b), RULE 1(4) OF GST
TRANSITION RULES
TAX PAID ON STOCKS CAN BE TAKEN AS CREDIT IN GST, IF IN
POSSESSION OF INVOICE WITH TAX DETAILS:
PERSONS WHO ARE NOT LIABLE TO BE REGISTERED UNDER THE
EXISTING LAW BUT LIABLE TO BE REGISTERED UNDER GST.
SUCH INVOICE IS NOT EARLIER THAN 12 MONTHS.
STOCK STATEMENT IS SUBMITTED
STOCK OF GOODS ON WHICH CREDIT IS AVAILED CAN BE
IDENTIFIED BY THE REGISTERED PERSON.
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IMPLICATION FOR STOCKS HELD BY CERTAIN
DEALERS
SECTION 140 OF GST ACT
SUB-SECTION 3 AND RULE 1(2)(b), RULE 1(4) OF GST
TRANSITION RULES
CENVAT / VAT PAID ON STOCKS CAN BE TAKEN AS CREDIT IN
GST IF NOT IN POSSESSION OF INVOICE WITH TAX DETAILS :
CREDIT SHALL BE GIVEN AFTER GST IS PAID AT FOLLOWING
RATES AND UTILIZED WITHIN 6 TAX PERIODS.
IF CGST / SGST > or = 9% THEN CREDIT IS 60% OF GST PAID.
IF CGST / SGST < 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.
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IMPLICATION FOR DEALERS WITH TAXABLE AND NON TAXABLE GOODS
SECTION 140 OF GST ACT
SUB-SECTION 4 AND RULE 1(2)(b) OF GST TRANSITION RULES
CREDIT CARRY
FORWARD IN
RETURN
ITC
ITC AVAILABLE IN
THE CLOSING
STOCKS - INPUTS,
AND IN SEMI
FINISHED AND
FINISHED GOODS
RELATED TO SUCH
EXEMPTED GOODS
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IMPLICATION FOR DEALERS WHO HAVE PAID TAX BEFORE APPOINTED DAY
BUT WILL RECEIVE GOODS AFTER APPOINTED DAY
SECTION 140 OF GST ACT
SUB-SECTION 5 AND RULE 1(2)(c) OF GST TRANSITION RULES
INVOICE SHALL BE
RECORDED IN BOOKS OF
ACCOUNTS WITHIN 30 DAYS
FROM THE APPOINTED DAY
MAY BE EXTENDED BY
ANOTHER 30 DAYS ON
SUFFICIENT CAUSE
SEPARATE STATEMENT IN
RESPECT OF CREDIT THAT
HAS BEEN TAKEN ALONG
WITH DETAILS OF THE
INVOICE SHALL BE
FURNISHED
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IMPLICATION FOR DEALERS PAYING TAX AT COMPOSITION RATES
SECTION 140 OF GST ACT
SUB-SECTION 6 AND RULE 1(2)(b) OF GST TRANSITION RULES
INPUTS SHALL BE
USED/ INTENDED TO
BE USED FOR MAKING
TAXABLE SUPPLIES
UNDER THIS ACT
NOT UNDER
COMPOSITION
UNDER GST
ELIGIBLE FOR
SUCH INPUTS
UNDER THE ACT
SHALL BE IN
POSSESSION OF
INVOICE
&
SUCH INVOICE OUGHT
NOT TO HAVE BEEN
ISSUED BEYOND 12
MONTHS FROM THE
APPOINTED DAY
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IMPLICATION FOR JOB WORKERS
SECTION 141 OF GST ACT
PLACE OF
BUSINESS
PLACE OF
BUSINESS
INPUTS
RECOVERY OF ITC FROM SUPPLIER
6 +2 MONTHS
JOB
WORKER
JOB
WORKER
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SEMIFINISHED GOODS SENT FOR MANUFACTURING PROCESS
ANY PLACE OF
BUSINESS
6 +2 MONTHS
ANY REGISTERED PERSON PREMISES OR
SUCH PLACE IS DECLARED AS ADDITIONAL
PLACE OF BUSINESS OF SUPPLIER
TAX
PAYABLE
SUPPLY TO ANY PLACE
IN INDIA
EXPORT
ANY OTHER PREMISES
ITC TO BE
RECOVERED, IF GOODS NOT
RETURNED IN TIME
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FINISHED GOODS SENT FOR TEST
6 + 2 MONTHS
TAX BY SUPPLIER
SUPPLY TO ANY
PLACE IN INDIA
ANY PREMISES
ANY PREMISES
REGISTERED OR NOT
EXPORT
ITC TO BE
RECOVERED
6 + 2 MONTHS
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THE ABOVE 3 CONDITIONS WILL BE APPLICABLE ONLY IF
A) PERSON DESPATCHING THE GOODS & THE JOB WORKER BOTH
PROVIDE DETAILS OF SUCH INPUTS, ON APPOINTED DAY AS PRESCRIBED
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IMPLICATION FOR GOODS SOLD PRIOR TO APPOINTED DAY
BUT RETURNED AFTER APPOINTED DAY
SECTION 142 SUB-SECTION 1 OF GST ACT
GOODS SOLD 6 MONTHS
EARLIER BUT RETURNED
WITHIN 6 MONTHS FROM
APPOINTED DAY
CUSTOMER
OTHER THAN
REGISTERED
PERSON
REFUND OF
TAX PAID
REGISTERED
TAX PERSON
DEEMED TO
BE SUPPLY
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GOODS SOLD UNDER EXISTING LAW BUT RETURNED UNDER THE ACT(SALES RETURNS)
TAX PAID GOODS RETURNED
AFTER APPOINTED DAY
TIME OF SALE BEFORE 6 MONTHS FROM
APPOINTED DAY
REFUND OF TAX PAID IF
RETURNED FROM
UNREGISTERED PERSON
DEEMED TO BE A
SUPPLY IF RETURNED
BY A REGISTERED
PERSON
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IMPLICATION FOR PRICE REVISION OF GOODS SOLD PRIOR
TO APPOINTED DAY BUT REVISION AFTER APPOINTED DAY
SECTION 142 SUB-SECTION 2 OF GST ACT
DEBIT NOTE / CREDIT NOTE ISSUED FOR PRICE REVISION OF
AN EARLIER CONTRACT SHALL BE TREATED AS ISSUED AS IF IN
RESPECT OF SUPPLY UNDER GST.
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IMPLICATION FOR GOODS SENT ON APPROVAL BASIS
SECTION 142 SUB-SECTION 12 OF GST ACT
IF SUCH GOODS ARE REJECTED AND RETURNED WITHIN 6
MONTHS FROM APPOINTED DAY THEN NO TAX SHALL BE
PAYABLE UNDER GST.
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THANK YOU
Thank You
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