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Tran-1 credit for old Capital Goods

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..... Tran-1 credit for old Capital Goods
Query (Issue) Started By: - Avishek Modi Dated:- 19-12-2017 Last Reply Date:- 20-12-2017 Goods and Services Tax - GST
Got 7 Replies
GST
During Jan 2013 we imported machines for our factory (SSI). Factory was registered under excise but we could not avail MODVAT for the CVD/SAD on the imported machines as our manufacturing turnover never crossed  .....

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..... 377; 1.5 crores and there was no excise payable by us. Can we take credit for the CVD/SAD on these machines supported by the BOE in the Tran-1 6a? Reply By Somil Bhansali: The Reply: Yes you can avail credit of CVD and SAD in Table 6(a) based on bill of entry. Reply By KASTURI SETHI: The Reply: It is disputed issue. Sword of restriction of one year is hanging. Period wise restrictions imposed .....

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..... , have to be taken care of. When did you cross 1.5 crore ? Reply By Avishek Modi: The Reply: The manufacturing unit did not cross ₹ 1.5 cr per year till date. Reply By KASTURI SETHI: The Reply: There are so many legal hurdles to avail credit on the said capital goods. Not allowed. Reply By Avishek Modi: The Reply: Can I claim credit under Tran-2 if I sell the machines in December 2017 .....

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..... ? Reply By KASTURI SETHI: The Reply: Read proviso to Section 140(2) & (3) of CGST Act, 2017. Reply By Himansu Sekhar: The Reply: There was no restriction in taking the credit under the existing law even if you were availing the sei exemption. Now the law specifically debars you from taking the credit on the grounds that A. The invoices are more than one year old B. The closing balance in the .....

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..... er 3 return is not reflecting the capital goods credit.
Discussion Forum - Knowledge Sharing .....

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