GST Transition - Time Limits and Limitation Periods

Rakesh Garg , Last updated: 07 April 2017
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1. Action points after the Appointed Day (AD)

S. No.	Section1		Events and Acts	Time limit - Action Points after AD
S. No.	CGST	SGST
1	139	166	Enrolment in the GST by the existing registered persons	6 months (unless extended) from AD
2	140(5)	171	Inputs & input services in transit, to be received after the AD	30 days from the AD; extendable by 30 days if sufficient cause exists
3	140(9)	-	Making payment of the consideration for that supply on which Cenvat reversed before the AD	3 months from the AD
4	141(1)	175	Receipt of input sent for job work before the AD	6 months from the AD; extendable by 2 months if sufficient cause exists
5	141(2)	176	Receipt of semi finished goods sent for job work for further processing before the AD
6	141(3)	177	Receipt of finished goods sent for test etc before the AD
7	142(1)	173/174	Return of goods, which were sold before the AD	6 months from the AD
8	142(12)	195	Return of goods, which were sent before the AD for sale on approval basis	6 months from the AD; extendable by 2 months if sufficient cause exists

2. Stock holding periods as on Appointed Day (AD) for claiming tax credit

S. No.	Section1		Circumstances	Time limit of holding of goods
S. No.	CGST	SGST		Time limit of holding of goods
1	140(3)	169	Unavailed Cenvat/input tax credit on inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the AD	12 months immediately preceding the AD
2	140(4)	170	Unavailed Cenvat/input tax credit on inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day	12 months immediately preceding the AD
3	140(6)	172	Paying duty/tax at fixed rate/ amount/composition under the existing law and paying GST under regular scheme – Availing of input tax credit on inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the AD	12 months immediately preceding the AD
4	-	192/193	Tax credit to be allowed on goods or capital goods lying with agents on the AD	12 months immediately preceding the AD

3. Time Limits of removal/dispatch before the Appointed Day (AD)

S. No.	Section1		Events before AD	Time limit
S. No.	CGST	SGST
1	142(1)	173/174	Goods sold before the appointed day; and are returned after the AD	Goods must have been removed / Dispatched not being earlier than 6 months prior to AD
2	142(12)	195	Goods sent before the AD for sale on approval basis	Goods must have been removed / Dispatched not being earlier than 6 months prior to AD

1 CGST Sections are based upon CGST Bill, 2017 as passed by both the Houses of the Parliament. SGST sections are based upon Revised Draft GST Law released on 25.11.2016. Nevertheless, barring few provisions, which are purely state VAT specific, all other provisions in SGST would be on the lines of CGST Bill, 2017 and section numbers would also be same.

The author can also be reached at ssarca.rgarg@gmail.com