Transitional Credit

Avail One-time Opportunity to claim missed out Transitional Credit in GST

Goods and Services Tax - GST Law contains detailed provisions to carry forward the input tax credit earned by the GST Registered Persons Registered Person during the period before 1st of July, 2017. Such credit [left out credits] was to be carried forward/claimed in GST Forms Tran-1 and Tran-2 [T1 and T2] to be filled on GST portal ‘before 27.12.2017’....

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Last opportunity to avail Transitional Credit in GST is by Nov 30, 2022

Goods and Services Tax - Transitional Credit is the balance of CENVAT and Input Credit available with the assessee as on June 30, 2017 under the erstwhile laws e.g. Central Excise, Service Tax and State VAT. Transitional Credit also refers to the embedded tax in the closing stock of goods as on June 30, 2017. Upon introduction of GST, assessees […]...

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Filling of TRAN FORMS to claim transitional ITC –Simplified

Goods and Services Tax - Hello readers, we all know The Hon‟ble Supreme Court of India vide order dated 22.07.2022 in the matter of Union of India vs. M/s. Filco Trade Centre Pvt. Ltd., SLP(C) No. 32709-32710/2018 have allowed the aggrieved taxpayers to file form TRAN-1/TRAN-2 or revised the earlier filed TRAN-1/TRAN -2 so I have noted down important points [&h...

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Final Opportunity to avail past credits of Service Tax, Excise & VAT into GST

Goods and Services Tax - At the time of implementation of the GST, the CGST Act 2017 (Section 140 read with the rules) had allowed the taxpayer a period of 90 days (which was further extended till 27.12.2017) to claim the input tax credit pertaining to the previous regime under the GST by filing GST Trans 1 & Trans 2. […]...

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How to file transition form GST TRAN-1?

Goods and Services Tax - Manual on Transition Form GST TRAN – 1 How can I file transition form GST TRAN – 1? Every registered person who is eligible to take credit of eligible duties and taxes paid under existing laws in respect of input or input services or capital goods in his/her Electronic Credit Ledger, needs to file a […]...

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Issues pertaining to uploading of orders in respect of TRAN-1 / TRAN-2

Goods and Services Tax - It was informed that due to a bug in functionality at GSTN end, issues were faced by officers in uploading orders passed by for TRAN credit....

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How to upload documents in GST Transition forms?

Goods and Services Tax - Manual on Uploading Documents in GST Transition Forms How can I upload documents in GST Transition forms? To provide tax officers an informed decision whether to pass ITC or not, Upload Document functionality is introduced. To upload documents in GST transition forms, perform the following steps: 1. Access the www.gst.gov.in URL. The GST ...

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How to file transition Form GST TRAN-2 on GSTN portal

Goods and Services Tax - Manual on Transition Form GST TRAN – 2 How can I file transition Form GST TRAN – 2? To file transition Form GST TRAN – 2, perform the following steps: 1. Login and Navigate to Transitions Forms > TRAN – 2 page 2. Enter details in various tiles Online Mode Offline Mode 3. Download TRAN-2 […]...

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8 GST Issues for discussion with Grievance Redressal Committee

Goods and Services Tax - Notice from CGST department for Audits + Verification of Transition Credit: It is seen in last 15 days that CGST department is issuing Notices for Audits and Transition credit. Most of the information sought from taxpayers is already with the department in electronic form and it is only a repetition of work. Also, in current COVID-19 scen...

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Credit of CVD & SAD paid post 01.07.2017 under Advance Authorisation Scheme-Importers left remediless

Goods and Services Tax - The GST Policy Wing has vide its Letter dated 22.06.2020 issued its comments on Writ Petitions relating to Transitional Provisions. On the specific issue of credit of CVD and SAD paid on non-fulfilment of export obligations in Advance Authorisation Schemes which was the subject matter of my article last week, the comments of the Policy [&...

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No limitation on refund of Transitional credit under Section 142 of CGST Act

NIIT Limited Vs Commissioner, CGST (CESTAT Delhi) - NIIT Limited Vs Commissioner, CGST (CESTAT Delhi) Transitional provision of Section 142(3) of CGST Act provides that every claim of refund filed by the person after the appointed day (30.06.2017) for refund of any amount of Cenvat credit/duty/tax/interest or any other amount paid under the existing ...

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Delhi HC Warns Dept for Non-Disbursal of GST Transitional Credit despite its Order

Mauria Udyog Ltd. Vs Union of India (Delhi High Court) - Mauria Udyog Ltd. Vs Union of India (Delhi High Court) It appears that in the present case, there was a technical problem that was required to be resolved. The respondents have now resolved the same by opening the portal for filing the revised forms including TRAN-1. Although this Court is of the vi...

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CENVAT Credit refund Rejected due to Limitation Can Be Claimed during Re-Opening of TRAN Window

Emerson Process Management Power & Water Solutions India Pvt. Ltd Vs Union of India (Delhi High Court) - Emerson Process Management Power & Water Solutions India Pvt. Ltd Vs Union of India (Delhi High Court) In the present case, the petitioner’s request for refund of CENVAT credit in cash was rejected for the reason that it was filed beyond the period of limitation. The petitioner submits that al...

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HC allows GST TRAN-1 filing related to distribution and eligibility of ISD Credit

Nuvoco Vistas Corporation Ltd. Vs Union of India and Ors (Bombay high Court) - Nuvoco Vistas Corporation Ltd. Vs Union of India and Ors (Bombay high Court) The present petition has been filed in relation to the procedural difficulties/objections raised with regard to distribution and eligibility of Input Service Distributor (ISD) credit of Service Tax under Section 140 of the ...

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Telangana HC applies SC Judgment in Filco Trade to give relief in GST TRAN-1 issue

Parle Agro Private Limited Vs The Union of India (Telangana High Court) - Telangana HC follows SC Judgment in Filco Trade on opening of GST Portal for claiming transitional credit for two months from 01.09.2022 to 30.10.2022....

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Advisory on taxpayers facing issue in filing GSTR-3B

Press Release No. 567 - (16/01/2023) - According to Hon’ble Supreme Court’s directive filing of TRAN forms was made available for aggrieved taxpayers during 01.10.2022 to 30.11.2022....

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Guidance Note for Verification of CGST Transitional Credit Claimed In TRAN-1/TRAN-2

Circular No. 182/14/2022-GST - (10/11/2022) - The jurisdictional tax officer and the counterpart tax officer shall verify the transitional credit claimed under the CGST or the SGST head, as the case may be, by referring to the guidelines detailed in Annexure I...

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Advisory on Filing TRAN forms for Taxpayers from Daman and Diu & Ladakh

Press Release No. 561 - (25/10/2022) - Taxpayers of Daman and Diu & Ladakh are hereby informed that they can file or revise their TRAN-1 or TRAN-2 Forms only through their newly allotted GSTINs. Kindly do not use the old GSTIN for filing of TRAN forms....

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Advisory on Filing TRAN-1/2 Forms to claim Transitional Credit

Press release No. 556 - (01/10/2022) - Facility for filing TRAN-1/ TRAN-2 or revising the earlier filed TRAN-1/TRAN-2 on the GST common portal by aggrieved taxpayers, is now available on GSTN from 01.10.2022 till 30.11.2022....

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Guidelines for filing/revising TRAN-1/TRAN-2 as per SC order

Circular No.180/12/2022-GST - (09/09/2022) - Guidelines for filing/revising TRAN-1/TRAN-2 in terms of order of Supreme Court in the case of Union of India vs Filco Trade Centre Pvt. Ltd....

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Recent Posts in "Transitional Credit"

Issues pertaining to uploading of orders in respect of TRAN-1 / TRAN-2

It was informed that due to a bug in functionality at GSTN end, issues were faced by officers in uploading orders passed by for TRAN credit....

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Advisory on taxpayers facing issue in filing GSTR-3B

Press Release No. 567 16/01/2023

According to Hon’ble Supreme Court’s directive filing of TRAN forms was made available for aggrieved taxpayers during 01.10.2022 to 30.11.2022....

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No limitation on refund of Transitional credit under Section 142 of CGST Act

NIIT Limited Vs Commissioner, CGST (CESTAT Delhi)

NIIT Limited Vs Commissioner, CGST (CESTAT Delhi) Transitional provision of Section 142(3) of CGST Act provides that every claim of refund filed by the person after the appointed day (30.06.2017) for refund of any amount of Cenvat credit/duty/tax/interest or any other amount paid under the existing law shall be disposed of in accordance w...

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Delhi HC Warns Dept for Non-Disbursal of GST Transitional Credit despite its Order

Mauria Udyog Ltd. Vs Union of India (Delhi High Court)

Mauria Udyog Ltd. Vs Union of India (Delhi High Court) It appears that in the present case, there was a technical problem that was required to be resolved. The respondents have now resolved the same by opening the portal for filing the revised forms including TRAN-1. Although this Court is of the view that if […]...

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CENVAT Credit refund Rejected due to Limitation Can Be Claimed during Re-Opening of TRAN Window

Emerson Process Management Power & Water Solutions India Pvt. Ltd Vs Union of India (Delhi High Court)

Emerson Process Management Power & Water Solutions India Pvt. Ltd Vs Union of India (Delhi High Court) In the present case, the petitioner’s request for refund of CENVAT credit in cash was rejected for the reason that it was filed beyond the period of limitation. The petitioner submits that although it was no longer entitled [&helli...

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HC allows GST TRAN-1 filing related to distribution and eligibility of ISD Credit

Nuvoco Vistas Corporation Ltd. Vs Union of India and Ors (Bombay high Court)

Nuvoco Vistas Corporation Ltd. Vs Union of India and Ors (Bombay high Court) The present petition has been filed in relation to the procedural difficulties/objections raised with regard to distribution and eligibility of Input Service Distributor (ISD) credit of Service Tax under Section 140 of the CGST Act 2017. It is petitioner’s case...

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Telangana HC applies SC Judgment in Filco Trade to give relief in GST TRAN-1 issue

Parle Agro Private Limited Vs The Union of India (Telangana High Court)

Telangana HC follows SC Judgment in Filco Trade on opening of GST Portal for claiming transitional credit for two months from 01.09.2022 to 30.10.2022....

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HC direct authorities to reset/reopen GST portal to rectify inadvertent mistake in filing GST TRAN-1 form

Jagdalpur Motors Vs Union of India (Chhattisgarh High Court)

Jagdalpur Motors Vs Union of India (Chhattisgarh High Court) HC held that undoubtedly the petition became entitled for submitting of his Form Tran-1 and Tran-2 in terms of the order of the Supreme Court in case of Union of India Vs. Filco Trade Centre (Supra). It is also an admitted factual position that the period […]...

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GST authorities cannot issue SCN under Section 73 for verification of transitional credit

Usha Martin Limited Vs Additional Commissioner, Central GST and Excise (Jharkhand High Court)

Jharkhand HC held that for verification of transitional credit, GST authorities cannot issue SCN under Section 73 of CGST Act, 2017 questioning eligibility to credit under erstwhile law...

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Avail One-time Opportunity to claim missed out Transitional Credit in GST

GST Law contains detailed provisions to carry forward the input tax credit earned by the GST Registered Persons Registered Person during the period before 1st of July, 2017. Such credit [left out credits] was to be carried forward/claimed in GST Forms Tran-1 and Tran-2 [T1 and T2] to be filled on GST portal ‘before 27.12.2017’....

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