Introduction: This article presents a matrix about how to claim input tax credit on opening stock as per transitional provisions u/s 140 of CGST Act, 2017 in respect of various type of situations.

Matrix of Input Tax Credit on opening stock in Transitional Provision as per section 140 of CGST Act, 2017:

In case of a Excise and VAT Registered Manufacturer
S. No. Type of Purchase Section Stock CGST Credit Amount Section Stock SGST Credit Amount
i) Excise plus Vat Invoice 140(1) FG, SMG, RM Cenvat C/f as per Return of Excise 140(1) FG, SMG, RM Vat C/f as per Vat returns
ii) Excise plus CST Invoice 140(1) FG, SMG, RM Cenvat C/f as per Return of Excise 140(1) FG, SMG, RM Vat C/f as per Vat returns
iii) Excise plus Sales tax exempt Invoice 140(1) FG, SMG, RM Cenvat C/f as per Return of Excise 140(1) FG, SMG, RM Vat C/f as per Vat returns
iv) Import Invoice 140(1) FG, SMG, RM Cenvat C/f as per Return of Excise 140(1) FG, SMG, RM Vat C/f as per Vat returns
v) Non Excise plus Vat Invoice 140(1) FG, SMG, RM Cenvat C/f as per Return of Excise 140(1) FG, SMG, RM Vat C/f as per Vat returns
vi) Non Excise plus CST Invoice 140(1) FG, SMG, RM Cenvat C/f as per Return of Excise 140(1) FG, SMG, RM Vat C/f as per Vat returns
vii) Kaccha Bill or No Invoice 140(1) FG, SMG, RM Cenvat C/f as per Return of Excise 140(1) FG, SMG, RM Vat C/f as per Vat returns
viii) Credit of Excise and VAT on Capital Goods 140(2) Balance unclaimed can be C/f if permissible under both the existing law & GST law 140(2) Balance unclaimed can be C/f if permissible under both the existing law & GST law

In case of a Manufacturer Unregistered in Excise but Registered in VAT
S. No. Type of Purchase Section Stock CGST Credit Amount Section Stock SGST Credit Amount
i) Excise plus Vat Invoice 140(3) FG, SMG, RM 100% of Excise in Bill as CGST 140(1) FG, SMG, RM Vat C/f as per Vat Returns
ii) Excise plus CST Invoice 140(3) FG, SMG, RM 100% of Excise in Bill as CGST 140(1) FG, SMG, RM Vat C/f as per Vat Returns
iii) Excise plus Sales tax exempt Invoice 140(3) FG, SMG, RM 100% of Excise in Bill as CGST 140(1) FG, SMG, RM Vat C/f as per Vat Returns
iv) Import Invoice 140(3) FG, SMG, RM 100% of Excise & SAD in BOE as CGST 140(1) FG, SMG, RM Vat C/f as per Vat returns
v) Non Excise plus Vat Invoice 140(3) FG, SMG, RM NIL 140(1) FG, SMG, RM Vat C/f as per Vat

Returns

vi) Non Excise plus CST Invoice 140(3) FG, SMG, RM NIL 140(1) FG, SMG, RM Vat C/f as per Vat Returns
vii) Kaccha Bill or No Invoice 140(3) FG, SMG, RM NIL 140(1) FG, SMG, RM Vat C/f as per Vat Returns
viii) Credit of Excise and VAT on Capital Goods NA NIL 140(2) Balance unclaimed can be C/f

In case of a Importer Trader, FSD or SSD registered in Excise and Vat
S. No. Type of Purchase Section Stock CGST Credit Amount Section Stock SGST Credit Amount
i) Import Invoice 140(3) FG 100% of Excise & SAD in BOE as CGST 140(1) FG Vat C/f as per Vat returns
ii) Excise plus Vat Invoice 140(3) FG 100% of Excise in Bill as CGST 140(1) FG Vat C/f as per Vat Returns
iii) Excise plus CST Invoice 140(3) FG 100% of Excise in Bill as CGST 140(1) FG Vat C/f as per Vat Returns
iv) Excise plus Sales tax exempt Invoice 140(3) FG 100% of Excise in Bill as CGST 140(1) FG Vat C/f as per Vat Returns
v) Non Excise plus Vat Invoice 140(3) FG Deemed Credit CGST 140(1) FG Vat C/f as per Vat Returns
vi) Non Excise plus CST Invoice 140(3) FG Deemed Credit CGST 140(1) FG Vat C/f as per Vat Returns
vii) Kaccha Bill or No Invoice 140(3) FG Deemed Credit CGST 140(1) FG Vat C/f as per Vat Returns
viii) Credit of Excise and VAT on Capital Goods NA NIL 140(2) Balance unclaimed can be C/f

In case of a Importer Trader unregistered in Excise but registered in Vat
S. No. Type of Purchase Section Stock CGST Credit Amount Section Stock SGST Credit Amount
i) Import Invoice 140(3) FG 100% of Excise & SAD in BOE as CGST 140(1) FG Vat C/f as per Vat returns
ii) Excise plus Vat Invoice 140(3) FG 100% of Excise in Bill as CGST 140(1) FG Vat C/f as per Vat Returns
iii) Excise plus CST Invoice 140(3) FG 100% of Excise in Bill as CGST 140(1) FG Vat C/f as per Vat Returns
iv) Excise plus Sales tax exempt Invoice 140(3) FG 100% of Excise in Bill as CGST 140(1) FG Vat C/f as per Vat Returns
v) Non Excise plus Vat Invoice 140(3) FG Deemed CGST Credit 140(1) FG Vat C/f as per Vat Returns
vi) Non Excise plus CST Invoice 140(3) FG Deemed CGST  Credit

 

140(1) FG Vat C/f as per Vat Returns
vii) Kaccha Bill or No Invoice 140(3) FG Deemed CGST Credit 140(1) FG Vat C/f as per Vat Returns
viii) Credit of Excise and VAT on Capital Goods NA NIL 140(2) Balance unclaimed can be C/f

In case of a Trader unregistered in Excise but registered in Vat
S. No. Type of Purchase Section Stock CGST Credit Amount Section Stock SGST Credit Amount
i) Import Invoice 140(3) FG 100% of Excise & SAD in BOE as CGST 140(1) FG Vat C/f as per Vat returns
ii) Excise plus Vat Invoice 140(3) FG 100% of Excise in Bill as CGST 140(1) FG Vat C/f as per Vat Returns
iii) Excise plus CST Invoice 140(3) FG 100% of Excise in Bill as CGST 140(1) FG Vat C/f as per Vat Returns
iv) Excise plus Sales tax exempt Invoice 140(3) FG 100% of Excise in Bill as CGST 140(1) FG Vat C/f as per Vat Returns
v) Non Excise plus Vat Invoice 140(3) FG Deemed CGST Credit 140(1) FG Vat C/f as per Vat Returns
vi) Non Excise plus CST Invoice 140(3) FG Deemed Credit

CGST

140(1) FG Vat C/f as per Vat Returns
vii) Kaccha Bill or No Invoice 140(3) FG Deemed CGST  Credit 140(1) FG Vat C/f as per Vat Returns
viii) Credit of Excise and VAT on Capital Goods NA NIL 140(2) Balance unclaimed can be C/f

In case of a Unregistered Trader
S. No. Type of Purchase Section Stock CGST Credit Amount Section Stock SGST Credit Amount
i) Import Invoice 140(3) FG 100% of Excise & SAD in BOE as CGST 140(3) FG Deemed Credit as SGST
ii) Excise plus Vat Invoice 140(3) FG 100% of Excise

in Bill as CGST

140(3) FG 100% of VAT in Bill as SGST
iii) Excise plus CST Invoice 140(3) FG 100% of Excise in Bill as CGST 140(3) FG Deemed Credit as SGST
iv) Excise plus Sales tax exempt Invoice 140(3) FG 100% of Excise in Bill as CGST 140(3) FG Deemed Credit as SGST
v) Non Excise plus Vat Invoice 140(3) FG Deemed CGST  Credit 140(3) FG 100% of VAT in Bill as

SGST

vi) Non Excise plus CST Invoice 140(3) FG Deemed CGST  Credit 140(3) FG Deemed Credit As SGST
vii) Kaccha Bill or No Invoice 140(3) FG Deemed CGST  Credit 140(3) FG Deemed Credit As SGST
viii) Credit of Excise and VAT on Capital Goods NA NIL NA NIL

In case of a Unregistered Manufacturer Unregistered both under Excise & VAT

S. No. Type of Purchase Section Stock CGST Credit Amount Section Stock SGST Credit Amount
i) Import Invoice 140(3) RM, SMG, FG 100% of Excise & SAD in BOE as CGST 140(3) RM, SMG, FG Deemed Credit as SGST
ii) Excise plus Vat Invoice 140(3) RM, SMG, FG 100% of Excise in Bill as CGST 140(3) RM, SMG, FG 100% of VAT in Bill as SGST
iii) Excise plus CST Invoice 140(3) RM, SMG, FG 100% of Excise

in Bill as CGST

140(3) RM, SMG, FG Deemed Credit as SGST
iv) Excise plus Sales tax exempt

Invoice

140(3) RM, SMG, FG 100% of Excise in Bill as CGST 140(3) RM, SMG, FG Deemed Credit as SGST
v) Non Excise plus Vat Invoice 140(3) RM, SMG, FG NA 140(3) RM, SMG, FG 100% of VAT in Bill as SGST
vi) Non Excise plus CST Invoice 140(3) RM, SMG, FG NA 140(3) RM, SMG, FG Deemed Credit as SGST
vii) Kaccha Bill or No Invoice 140(3) RM, SMG, FG NA 140(3) RM, SMG, FG NA
viii) Credit of Excise and VAT on

Capital Goods

NA NIL NA NIL

The author is a practising CA based in Delhi and is registered Insolvency Professional. He can be reached at cavinodchaurasia@gmail.com , Mob. +91 9953587496.

Disclaimer: The views expressed in this article are strictly personal. The content of this document are solely for informational purpose. It doesn’t constitute professional advice or recommendation. The Author does not accept any liabilities for any loss or damage of any kind arising out of information in this article and for any actions taken in reliance thereon.

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2 responses to “Matrix of Input Tax Credit on opening stock in Transitional Provision”

  1. Harjeet Singh Makhija says:

    My question is regarding filling Form TRAN-1, TRAN -2 and TRAN-3. My question is, If a dealer is registered in either in excise or in vat Act, what will be in his case in following situations:
    1- He is having vat credit in his last return filled in June, 2017.
    2- He is having paid in excise in his purchase invoices, he is registered in vat act, but not registered in excise act.
    3-He is having paid excise in his invoices, he is registered as a dealer in excise and vat act.

    Which section covered in above case and which part of Transition form should be filled in above situations.

  2. CA KAMLESH LUNKAR says:

    Sir in case of manufacturer deemed credit is not available. But you written as deemed credit will be available in case of unregistered manufacture.So kindly clear the opinion about it.

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