Gst transitional provision - tools held with payment of ed

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Dear Experts

 

We are limited company

our out put is exempt from excise duty but sales tax is payable

we buy tools for manufacture of our finished product on payment of excise duty and sales tax

since our out put are exempt from Excise duty, we have not registered under excise 

we pay the tool supplier including excise duty which is capitalised

 

now we are going to buy new tools next week for around 50 lacs for which we have to pay excise duty of 6 lacs 4 lacs as sales tax 

Question :  assuming that we are not capitalizing the excise duty and sales tax whether we can take Input tax credit ( ITC ) on transitional provision rules as on 1st july 2017 assuming it is the go live date for GST

 

Thank you 

Govind

Replies (2)
Dear Govind

if you have excise invoice available with you then you will 100% input tax of exicise paid on your input.

Thank you for your reply

 

needs clarity in terms of secion 140(2) which says that ITC on tools and capex under GST for a product which is exempt from Excise as per current law is eligible only if the return is filed under excise as the amount is carried forward

 

please clarify 


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