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GST Transition - Time Limits and Limitation Periods



1.  Action points after the Appointed Day (AD)





S. No.

Section1

Events and Acts

Time limit - Action Points after AD

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

CGST

SGST

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

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


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VAT Service Tax Consultant Author (since 1999)of Delhi VAT, Central Sales Tax, Haryana VAT, Service Tax GST Books


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