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Declaration of carry forward of inputs

CA Devendra KUMAR 
on 04 July 2017

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Declaration for Carry forward of Input Tax Credits into the new GST regime To be filed within 90 days of the appointed day

Section 140 to 142 under the CGST Act 2017 and respective sections under SGST laws along with Transition Rules determines the availability and procedure to claim carry forward of ITC to the proposed GST regime. Two forms GST TRAN-1 and GST TRAN 2 have been prescribed to be filed under GST to avail such ITC. Every registered person has to file a Form GST TRAN-1 within 90 days of appointed date.

So an attempt has been made to provide a guidelines to fill 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.


Part ,Sec, ITC of Goods Filled by Type of ITC Remark
PART-A, Sec 140(1) Normal Goods & Services

Register Taxable Person register under GST and Existing Law (except Dealer Register under GST under Composition Scheme)

Only those taxes which are shown as carried forward in the last return filled by the dealer (VAT, Excise, Service Tax Etc. This part is only for normal goods not for capital goods.
Part-B, Sec 140(2) Unavailable ITC of Capital Goods All Person Register under GST (except dealer register under composition Scheme) and also register under existing law Only for unavailed tax credit of capital goods which is not shown in the last return filled under existing Laws. This Part is to be filed in respect of only those taxes for which the dealer is registered under existing laws. 
Part-C, Sec 140 (3) ITC on normal Goods All person Register under GST Law but not liable to register under existing Law. ITC on Normal Goods (persons who were not eligible to claim ITC in respect of their inputs under one or the other Existing Law) This is only for a person who register under GST. But not liable to register under one or more existing law

Part-D

Sec 140 (4)

ITC on normal Goods & Services This Part is to be filed all by Persons registered under GST laws, who were: engaged in the manufacture of partly taxable & partly exempted goods under the Central Excise Act 1944,engaged in the provision of partly taxable & partly exempted services under Chapter V of the Finance Act, 1994. where such goods or services which are though now exempt BUT would be liable to tax under GST. FOR PERSONS EXCLUSIVELY ENGAGED IN EXEMPT GOODS OR SERVICES PLEASE FILL PART C

Part-E

Sec 140(5)

ITC on Normal Goods & Services To be filed by recipient of Goods or Services, This Part is to be filed all by Persons registered under GST laws, where: Goods or Services received on or after the appointed day but the duty or tax in respect of which has been paid by the supplier under the existing law For ITC of Duty and taxes paid under existing law buy supplier, but the goods received after appointed date. Bill raised under existing law and tax also paid under existing law but the goods received in the possession of purchaser after appointed date.

Part-F

Sec 140 (6)

ITC on Normal Goods This Part is to be filed all by Persons registered under GST laws, who: was either paying tax at a fixed rate or who was paying a fixed amount in lieu of the tax payable under the existing law ITC on goods held in stock of the dealer who was register under composition scheme of existing law( Vat, Excise). But not opt out from Composition Scheme.  
Part-G Sec 140 (8)   Cenvat Credit by person having Centralized registration Who are claiming Cenvat credit held under centralized registration of existing laws as on the appointed day.  

Part-H

Sec 141

Normal as well as Capital Goods To be filled by Principle as well as Job Worker, (Statement of Goods capital or Normal lying with the job worker on appointed date) for the goods lying with job worker  

Part-I

Sec 142 (14)

Normal as well as Capital Goods Statement of all the goods lying with agent to be filled by the the Agent as well as principle. goods lying with agent  

Part-J

Sec

142 (11)

Goods & Service To be filed by supplier of Goods AND Services Tax paid on advance received for Composite Supply under existing law. (Only VAT + Service Tax)  

Part-K

Sec 142(12)

Goods To be filed by supplier of Goods Goods sent on approval or return as on appointed day.  

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