Transitional Provisions Rules under CGST Rules 2017

 

1. 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

 

2. Dec­la­ra­tion to be made under clause © of sub-sec­tion (11) of sec­tion 142.- Every per­son to whom the pro­vi­sion of clause © of sub-sec­tion (11) of sec­tion 142 applies, shall with­in a peri­od of nine­ty days of the appoint­ed day, sub­mit a dec­la­ra­tion elec­tron­i­cal­ly in FORM GST TRAN‑1 fur­nish­ing the pro­por­tion of sup­ply on which Val­ue Added Tax or ser­vice tax has been paid before the appoint­ed day but the sup­ply is made after the appoint­ed day, and the Input Tax Cred­it admissible

 

3. Dec­la­ra­tion of stock held by a prin­ci­pal and job-work­er .- Every per­son to whom the pro­vi­sions of sec­tion 141 apply shall, with­in nine­ty days of the appoint­ed day, sub­mit a dec­la­ra­tion elec­tron­i­cal­ly in FORM GST TRAN‑1, spec­i­fy­ing there­in, the stock of the inputs, semi-fin­ished goods or fin­ished goods, as applic­a­ble, held by him on the appointed

 

4. Details of goods sent on approval basis.- Every per­son hav­ing sent goods on approval under the exist­ing law and to whom sub-sec­tion (12) of sec­tion 142 applies shall, with­in ninety

 

days of the appoint­ed day, sub­mit details of such goods sent on approval in FORM GST TRAN‑1.

 

5. Recov­ery of cred­it wrong­ly availed.- The amount cred­it­ed under sub-rule (3) of rule 117 may be ver­i­fied and pro­ceed­ings under sec­tion 73 or, as the case may be, sec­tion 74 shall be ini­ti­at­ed in respect of any cred­it wrong­ly availed, whether whol­ly or