Transitional Provisions - FAQ on GST dated 21.9.2016 based on Draft Model GST

Chapter: 24
Transitional Provisions
Question 1	:	Will the CENVAT/ITC carried forward in the last return prior to GST under earlier law be available as ITC under GST?
Question 2	:	A registered taxable person say, purchases capital goods in the last quarter of 2016-17. Though the invoice is received within 31st March but the capital goods are received on 5th April, 2017 (i.e. in GST regime). Will such a person get full credit of CENVAT in 2017-18?
Question 3	:	VAT credit was not available on items 'X' & 'Y' as capital goods in the earlier law. Since they are covered in GST, can the registered taxable person claim it now?
Question 4	:	Assuming such a person wrongly enjoyed the credit, will the recovery be done in GST or earlier law
Question 5	:	Give two examples of registered taxable persons who were not liable to be registered under the earlier law but are required to be registered under GST
Question 6	:	Will ITC be allowed to a service provider on VAT paid inputs held as stock on the appointed day
Question 7	:	A registered taxable person has ₹ 1000 ITC credited to his electronic credit ledger from the last return under the earlier law. Now, he switches over to composition scheme in GST, will he get refund of that ITC.
Question 8	:	Sales return under CST (i.e. Central Sales Tax Act) is allowable as deduction from the turnover within 6 months? If, say, goods are returned in GST by a buyer after 6 months of sales, will it become taxable in CST or GST
Question 9	:	Shall a manufacturer or a job worker become liable to pay tax if the inputs or semi-finished goods sent for job work under the earlier law are returned after completion of job work after the appointed day
Question 10	:	What happens if the job worker does not return the goods within the specified time
Question 11	:	Can a manufacturer transfer finished goods sent for testing purpose to the premises of any other taxable person
Question 12	:	If finished goods removed from a factory for carrying out certain processes under earlier law are returned on or after the appointed day, whether GST would be payable
Question 13	:	When tax shall become payable in GST on manufactured goods sent to a Job worker under the earlier law
Question 14	:	Is extension of two months as discussed in section 150, section 151 and section 152 automatic
Question 15	:	What is the time limit for issue of debit/credit note(s) for revision of prices
Question 16	:	What will be the fate of pending refund of tax/ interest under the earlier law
Question 17	:	What will be fate of any appeal or revision relating to a claim of CENVAT/ITC which is pending under the earlier law? If say, it relates to output liability then
Question 18	:	If the appellate or revisional order goes in favour of the assessee, whether refund will be made in GST? What will happen if the decision goes against the assessee
Question 19	:	How shall the refund arising from revision of return(s) furnished under the earlier law be dealt in GST
Question 20	:	If any goods or services are supplied in GST, in pursuance of contract entered under earlier law, which tax will be payable
Question 21	:	If consideration for a particular supply of services was received under the earlier law and tax on it was paid, will GST also become payable where such supply is made in GST regime
Question 22	:	The supply of goods/services was made under the earlier law but a part of the consideration (say the retention money) is received in GST regime, will tax be payable in GST
Question 23	:	If services are received by ISD under the earlier law, can the ITC relating to it be distributed in GST regime
Question 24	:	Where goods (including capital goods) belonging to the principal are lying with the agents on the appointed day, will the agent be able to take ITC on the same
Question 25	:	Goods were sent on approval before the appointed day but are returned to the seller after 6 months from the appointed day, will tax be payable in GST