How to take credit of Carried forward tax or duty under old Laws

Rule-117 of CGST Rules 2017

Tax or duty cred­it car­ried for­ward under any exist­ing law or on goods held in stock on the appoint­ed day.- 

(1) Every reg­is­tered per­son enti­tled to take cred­it of input tax under sec­tion 140 shall, with­in nine­ty days of the appoint­ed day, sub­mit a dec­la­ra­tion elec­tron­i­cal­ly in FORM GST TRAN‑1, duly signed, on the com­mon por­tal spec­i­fy­ing there­in, sep­a­rate­ly, the amount of input tax cred­it of eli­gi­ble duties and tax­es, as defined in Expla­na­tion 2 to sec­tion 140, to which he is enti­tled under the pro­vi­sions of the said section:

Pro­vid­ed that the Com­mis­sion­er may, on the rec­om­men­da­tions of the Coun­cil, extend the peri­od of nine­ty days by a fur­ther peri­od not exceed­ing nine­ty days.

Pro­vid­ed fur­ther that where the inputs have been received from an Export Ori­ent­ed Unit or a unit locat­ed in Elec­tron­ic Hard­ware Tech­nol­o­gy Park, the cred­it shall be allowed to the extent as pro­vid­ed in sub-rule (7) of rule 3 of the CENVAT Cred­it Rules, 2004.

• Every dec­la­ra­tion under sub-rule (1) shall- 
  • in the case of a claim under sub-sec­tion (2) of sec­tion 140, spec­i­fy sep­a­rate­ly the fol­low­ing par­tic­u­lars in respect of every item of cap­i­tal goods as on the appoint­ed day- 
    • the amount of tax or duty availed or uti­lized by way of input tax cred­it under each of the exist­ing laws till the appoint­ed day; and
    • the amount of tax or duty yet to be availed or uti­lized by way of input tax cred­it under each of the exist­ing laws till the appoint­ed day;
  • in the case of a claim under sub-sec­tion (3) or clause (b) of sub-sec­tion (4) or sub- sec­tion (6) or sub-sec­tion (8) of sec­tion 140, spec­i­fy sep­a­rate­ly the details of stock held on the appoint­ed day;
  • in the case of a claim under sub-sec­tion (5) of sec­tion 140, fur­nish the fol­low­ing details, namely:— 
    • the name of the sup­pli­er, ser­i­al num­ber and date of issue of the invoice by the sup­pli­er or any doc­u­ment on the basis of which cred­it of input tax was admis­si­ble under the exist­ing law;
    • the descrip­tion and val­ue of the goods or services;
    • the quan­ti­ty in case of goods and the unit or unit quan­ti­ty code thereof;
    • the amount of eli­gi­ble tax­es and duties or, as the case may be, the val­ue added tax [or entry tax] charged by the sup­pli­er in respect of the goods or ser­vices; and
    • the date on which the receipt of goods or ser­vices is entered in the books of account of the

• The amount of cred­it spec­i­fied in the appli­ca­tion in FORM GST TRAN‑1 shall be cred­it­ed to the elec­tron­ic cred­it ledger of the appli­cant main­tained in FORM GST PMT‑2 on the common
• (a) (i) A reg­is­tered per­son who was not reg­is­tered under the exist­ing law shall, in accor­dance with the pro­vi­so to sub-sec­tion (3) of sec­tion 140, be allowed to avail of input tax cred­it on goods (on which the duty of cen­tral excise or, as the case may be, addi­tion­al duties of cus­toms under sub-sec­tion (1) of sec­tion 3 of the Cus­toms Tar­iff Act, 1975, is levi­able) held in stock on the appoint­ed day in respect of which he is not in pos­ses­sion of any doc­u­ment evi­denc­ing pay­ment of cen­tral excise
• The input tax cred­it referred to in sub-clause (i) shall be allowed at the rate of six­ty per on such goods which attract cen­tral tax at the rate of nine per cent. or more and forty per cent. for oth­er goods of the cen­tral tax applic­a­ble on sup­ply of such goods after the appoint­ed date and shall be cred­it­ed after the cen­tral tax payable on such sup­ply has been paid:

Pro­vid­ed that where inte­grat­ed tax is paid on such goods, the amount of cred­it shall be allowed at the rate of thir­ty per cent. and twen­ty per cent. respec­tive­ly of the said tax;

• The scheme shall be avail­able for six tax peri­ods from the appointed
• The cred­it of cen­tral tax shall be availed sub­ject to sat­is­fy­ing the fol­low­ing con­di­tions, namely:- 
  • such goods were not uncon­di­tion­al­ly exempt from the whole of the duty of excise spec­i­fied in the First Sched­ule to the Cen­tral Excise Tar­iff Act, 1985 or were not nil rat­ed in the said Schedule;
  • the doc­u­ment for pro­cure­ment of such goods is avail­able with the reg­is­tered person;

• the reg­is­tered per­son avail­ing of this scheme and hav­ing fur­nished the details of

stock held by him in accor­dance with the pro­vi­sions of clause (b) of sub-rule (2), sub­mits a state­ment in FORM GST TRAN 2 at the end of each of the six tax peri­ods dur­ing which the scheme is in oper­a­tion indi­cat­ing there­in, the details of sup­plies of such goods effect­ed dur­ing the tax period;

• the amount of cred­it allowed shall be cred­it­ed to the elec­tron­ic cred­it ledger of the appli­cant main­tained in FORM GST PMT‑2 on the com­mon por­tal; and

the stock of goods on which the cred­it is availed is so stored that it can be eas­i­ly iden­ti­fied by the reg­is­tered person.