Input of vat IN GST

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This query is : Resolved

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A business owner registered for GST on July 1st, 2017, claimed input VAT from a pre-GST purchase dated June 30th, 2017, via the TRAN-1 form. However, the tax department has issued a notice demanding the refund of this amount with interest. While the initial advice suggests the claim is valid if TRAN-1 was filed correctly and on time, the officer is refusing to accept it. The business owner is seeking specific circulars or legal backing to contest the notice and retain their input tax credit.

jaigurudev

jaigurudev (Querist)
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26 October 2021 respected sir.
on july1.2017 i taken gst no. and i purchased goods of bill date 30.6.2017 and i take input of this bill in trans of stock for goods of pre gst purchase but dept. issued notice to refund this amount to govt. with int.please advice

CA Altamush Zafar

CA Altamush Zafar (Expert)
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26 October 2021 Assuming you have filed correct TRAN-1 in time then ITC will be available to you. No need to reverse and pay interest.

jaigurudev

jaigurudev (Querist)
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26 October 2021 ca altamush zafar
can you provide me any circular for this as officer is not ready to accept this

CA Altamush Zafar

CA Altamush Zafar (Expert)
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26 October 2021 Its in the act itself.

jaigurudev

jaigurudev (Querist)
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26 October 2021 please help me to fight for this as officer has issued notice to me refund the input with int and i have not any base or act to show him that i am right

CA Altamush Zafar

CA Altamush Zafar (Expert)
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26 October 2021 Will need to study the notice and the facts of the case to give the final opinion.

jaigurudev

jaigurudev (Querist)
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26 October 2021 but sir you can provide me any circular that i can claim input of vat in gst or provide me your email address

CA Altamush Zafar

CA Altamush Zafar (Expert)
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26 October 2021 There is no circular for it. The acts has the relevant provision. You can message me through private messages of CCI

jaigurudev

jaigurudev (Querist)
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26 October 2021 i have taken gst lic.on 1.7.2017 and my purchase bill is of date 30.6.2017 having vat tax.i have claimed this vat tax under coloum 7 b transition form but officer deny this and issued notice to refund this
with thanks