A very hot topic of discussion now a days under the proposed GST regime is the availability of INPUT TAX CREDIT to the registered person on the appointed day and the procedure to claim such ITC under the proposed GST regime.

Section 140 to 142 under the CGST Act 2017 and respective sections under SGST laws along with DRAFT Transition Rules determines the availability and procedure to claim carry forward of ITC to the proposed GST regime.  CGST Act has been passed by the union government but some states are yet to pass their SGST bills.

Two forms GST TRAN-1 and GST TRAN – (no number provided yet) have been prescribed to be filed under GST to avail such ITC, but no format of such form has been provided yet. Also the Transition Rules are still Draft Rules i.e. not finalized yet by the government.

 So there is lots of ambiguity regarding such Input Tax credits, however we can’t wait for the legislature to finalize these Rules & Forms, because though these forms have to be filed within 60 days of the appointed day, but the registered person has to pay tax under the GST regime latest by 50th day of the appointed day.

So an attempt has been made to provide a ROUGH draft of GST TRAN-1 form. This will not only provide the conceptual clarity about the provisions of carry forward ITC into the GST regime, but the registered persons may also use this format to prepare the information required to carry forward such Input Tax Credit to the proposed GST regime.

You may click here to download this DRAFT form GST TRAN-1.

Please provide your suggestion to update this form and make it more useful.

Suggestions are invited at khatrimithun@hotmail.com

Disclaimer:

This article includes general information about legal issues and developments in the proposed law of GST in India. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances.

We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this article to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

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44 Comments

  1. SK says:

    Sir I am vat registration delar befor gst implement.i have no input credit in Vat Return of 30 june 2017.
    so it is compulser to me to file tans 1 form.
    pls suggest to me whose to file Trans 1 form & whose not.

  2. Sharma says:

    How old the stock can be to claim transition benefits? We have duty paid imported stocks of more than one year old also with bill of entry as proof of having paid CVD. Can we get transition benefit?

  3. Sarma says:

    Under existing law of Service Tax, we have paid service tax on GTA and Man Power supply under RCM on 05.07.2017 for the month of Jun.2017. My query is how to enter and avail credit in TRAN-1 in GST. under Sec.142(11)(C). Which is the base to avail credit either suppliers bills or payment challans under RCM by us.

  4. Gopal Agarwal says:

    Sir,
    Iam a Vat registered dealer and Iam having stock of excise duty paid bill so in which colum I have to enter the value so that I can get the excisevalue

  5. Ramakant Goswami says:

    If ‘X’ party of Delhi purchase the material from ‘Y’ party of Uttrakhand. Billing from ‘Y’ party in the name of ‘X’ party & delivered to ‘Z’ party. ‘X’ party entered same bill as a purchase in their books & sale to ‘Z’ party.
    In this case ‘Z’ party will have to file way bill in the name of ‘X’ party or ‘Y’ party.

  6. Dipesh Lad says:

    Hi,I am unable to avail cenvat credit of imported supplier in respect of Inputs and capital goods because of GST TRAN-1 7(A) in column no.4 (Supplier Res.no.under existing law) which reg no mention in case of imported purchase.

    Pls advice us

  7. ABDUL QUADIR says:

    Sir, I have submitted GSTR 3B with mistake and therefore a huge demand payable but actually my ITC carried forward to the next month. Can I file GSTR 1 without filling of GSTR 3B

  8. SUBRATA CHAKRABARTI says:

    WE ARE RE-SELLER/TRADER. WE IMPORTED GOODS FROM CHINA BY PAID CUSTOM DUTY ON JUNE 2017. CAN WE ENJOY INPUT CREDIT FOR CVD WHICH IS PAID CUSTOM PAID CHALLAN. WE HAVE NO EXCISE REGISTRATION BECAUSE WE ARE NOT MANUFACTURER. IF YES , THEN WHAT % i.e., 10%, 12.50%,2%, 1% OR 4% MENTIONED IN CUSTOM DUTY PAID CHALLAN FOR ENJOY INPUT TAX CREDIT

  9. Dheeraj says:

    Sir we registered under excise earlier and availing cenvat credit now post gst we have come to know that we have availed short credit in ER 1 filed upto Jun .17. Now no option is there for revision after calender month ends.
    Can we avail now such un availed portion of credit of under transitional provision or rules.

  10. pawan kumar agarwalla Agarwal says:

    sir ,
    i was not vat dealer past because our goods taxable at source (fertilizer) now sir i am a regular gst dealer
    we have 20lakh old stock with paid vat with invoice and excise not shown in invoice sir how ican fill up tran1 and what is % input available byme and how calculate

  11. inder jeet singh says:

    Dear SIr., Please clear my Doubt…. If a assessee have Stock Rs. 1500000/- No more ITC Available. Then How to shown in TRAN1 although the purchase invoices of this remaining stock shows the amount of exise paid. is any aplication tool for calculating and feeding these excise paid Tax invoices to get tax credit?

  12. S.MADHESWARAN says:

    we have excess input VAT credit more than VAT paid for stock available because of purchased at higher VAT rate and sold to concessional VAT rate as Industrial Input. can we carry forward the VAT credit available more than the stock available?

    1. H.R. Sreepada, Cost Accountant says:

      You can take ITC of any VAT balance in VAT Returns, Cenvat in the Excise Returns & Service Tax Balance in ST-3 Returns for the month of June / Quarter ended June, 17. If no ITC is c/fd. in these returns, ITC cannot be claimed in GST through Form Trans-01 (To be made available before 28th August).

  13. RAJA P M says:

    Dear SIr.,
    Please clear my Doubt….
    If a assessee have Stock Rs. 150,000 /- No more ITC Available. Then How to shown in TRAN1

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