Wednesday, August 09, 2017

GST Tweets Part V: GST Related FAQs on Transition, UTGST and Others

The tweets received by askGST_GoI handle were scrutinized and developed into a short FAQ of 100 tweets. It should be noted that the tweets received or the replies quoted are only for educational and guidance purposes and do not hold any legal validity.

S.No.
Qestions/Tweets Received
Replies
Transition
72.
How do I avail transition credit ?
Transition credit can be availed by filing the respective forms under Transition rules upto 30.09.2017.



73.
Please provide the clarity on area based exemption 50/2003 in UK & HP.
Area based exemptions will not be continued under GST.  It will be operated through the route of reimbursement as prescribed.
74.
We manufactured excisable goods. But unit availed the exception benefits 50/2003. What about my dealers stock?
The dealer will get deemed credit @ 40% / 60% of the CGST paid on supply of such goods in GST. If the goods are branded and greater than Rs. 25,000, full credit using CTD can be availed.
75.
A trader buys from manufacturer not registered in excise as his turnover is below 1.5cr. Then in such case can trader take ITC on stock up to 40%?
Yes deemed credit will be available subject to satisfaction of other conditions as prescribed.
76.
I am a trader. I have excise paid purchase invoice. Whether I can claim credit of full excise duty on closing stock of 1st July 2017
Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act.
77.
If a trader purchases directly from manufacturer & has documents showing excise, will he get full excise credit or 40% of CGST?
Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act.
78.
If a fsd purchases directly from manufacturer and has value cum excise duty and excise duty is not separately shown will he get full credit?
Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act.
79.
Is the full excise credit also available to traders who purchases directly from manufacturers and excise is separately shown in invoice?
Full transition credit of such duty will be available on stock in hand in respect of which you have duty paying excise document subject to conditions under Section 140(3) of the CGST Act.
80.
In June 17 Vat return no amount carried forward & held stock of Rs. 50 lakhs. Then can we take credit of that stock or not?
The supplier would be eligible to carry forward the closing balance of ITC from VAT return for June 17.
81.
What will be the impact of closing stock which has been already paid vat on 1st July?
The supplier would be eligible to carry forward ITC on such stock from VAT return for June 17.
82.
If in Vat return refund claimed in June 17 & no balance credit in GST. Then what's the position of submission of Form C
Refund claimed under existing law will be handled as per the provisions of the existing law. Form C to be submitted in terms of provision of Rule 1(1) of Transition Rules.
83.
Some service was provided on 28.06.2017 but Invoice will be raised on 05.07.2017. Whether we have to charge Service Tax or GST?
If Point of Tax arises after appointed date, then GST will be chargeable on such supply.
84.
Would we be eligible for credit on Capital Goods in transit and received post GST?
No provision for such credit is there in GST law.
85.
What about VAT balance pending on transition date?
Balance VAT credit in the return will be transferred to new provisional ID as SGST Credit.
86.
What about deemed export against Form H?
Form H will not be there in GST.
87.
Who will bear tax difference on closing stocks as on 30th June 2017? Whether the manufacturer/dealer or government?
Closing ITC in VAT return will be allowed to be carry forward in GST.
88.
How will we get input credit on stock in hand for spare parts billed from other state, excise, CST and entry tax paid?
For all inputs with duty paying documents available respective CGST / SGST credit will be available. But credit of CST will not be available.
89.
A trader buys from manufacturer not registered in excise as his turnover is below 1.5 crore. then in such case can traders take ITC on stock up to 40%
Deemed Credit will be available on stock in hand provided the conditions of section 140(3) read with Rule 1(4) of Transition Rules are satisfied.
90.
Whether we will be eligible for credit of duty paid on Capital Goods in transit and received post GST?
No such provision in GST.
91.
Can ITC of Swach Bharat Cess or Krishi Kalyan Cess be carried forward under GST?
No
92.
Will Clean Energy CESS on imported Coal @ Rs. 400 PMT continue to be applicable in GST?
No. Clean Energy Cess is being repealed. Coal, however, will be subject to compensation cess @ Rs 400/- per tonne.
93.
Whether closing balance of edu cess and secondary higher education cess prior to 1st Mar 2015 can be carried forward in GST?
No it will not be carried forward in GST as it is not covered by definition of “eligible duties and taxes” under Section 140 of the CGST Act.
94.
Can u clarify for 40℅ benefit on closing stock does 1 year limit apply or not ?
Deemed credit will be available for all stock procured within a 1 year period.
95.
Till what time is transition credit available? Where do I need to declare my input stock?
The window to declare transition credit forms is three months from the appointed day. Please refer to transition rules for more details.
UTGST
96.
Will there be GST in A&N Islands as previously there was no VAT
Yes. For supplies within A&N, CGST plus UTGST would be leviable.
Others
97.
Whether IGST would be levied twice on high seas sales? First on high seas sales and second on custom clearance. IGST paid on 1 available as ITC?
IGST shall be levied only once on imports.
98.
Will Krishi Mandi Fee (imposed in U.P.) be waived off in GST?
GST does not concern such fee so GST does not affect it.
99.
Is E-Way Bill applicable from 1st  July 2017
The present system for E-way Bill in States to continue, till the E-Way Bill procedures are finalized.
100.
Is there a sunset clause for Anti-Profiteering law?
Yes, the sunset clause for Anti- profiteering Authority is of two years.

IREPS: Indian Railways e-Procurement System

No comments :

Post a Comment