Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Eligibility for ITC for goods at transporter warehouse

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Eligibility for ITC for goods at transporter warehouse
Query (Issue) Started By: - Shrenik Bhura Dated:- 9-5-2018 Last Reply Date:- 9-5-2018 Goods and Services Tax - GST
Got 2 Replies
GST
Sequence of events: A. Goods are billed to us my manufacturer based in state A. B. Handed over to GST registered transporter to transport to us in state B. C. Payment is made by us before receipt .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of goods in almost all cases. D. Transporter fills part B for e-waybill generation and dispatches goods from state A to state B which are more than 1000 km apart. E. Transporter bills us for transportation on a monthly basis and we make the payment and also pay a 5% GST as RCM with our monthly 3B. F. Goods are kept in most cases at transporters warehouse much beyond the e-waybill validity perio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d of 15 days. We also have an insurance cover for the goods kept at the transporter warehouse. G. Goods are shifted to our warehouses or shop on a periodic basis in the next 2-3 months and at times even 5-6 months based on demand. All our warehouses are in state B itself and have been listed in additional places of business. H. Supplier i.e. manufacturer files GST returns in a timely manner and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... all invoices are showing up in the GST2A with amounts eligible for ITC. Questions: 1. At what time in the above sequence of events are we eligible to take ITC for the goods invoiced by the manufacturer? 2. Is it okay if the goods are not "received" by us in our warehouses or shops within the validity of the e-waybill? 3. If the answer to 1. is G, then what is the maximum period that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... we can stretch to avail the ITC? Reply By MUKUND THAKKAR: The Reply: G. Goods are shifted to our warehouses or shop on a periodic basis in the next 2-3 months and at times even 5-6 months based on demand. All our warehouses are in state B itself and have been listed in additional places of business. Goods kept at the transporter warehouse :- if such transporter place if you had listed in additi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... onal place & additional place meet all condition as per GST rules then you are eligable to take ITC after receiving the goods at transporter place ( your additional place). E-way Bill Validity as per my point of view will be not effected.if Bill to ship to invoice showing your additional place in invoice. other wise in future may dept may raised the objection. Reply By Shrenik Bhura: The Reply: .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Thanks for your answer Mr. Mukund. I had read somewhere that if a GTA or the warehouse owner is registered under GST then there is no need to add their location as an additional place of business as a GTA is any ways mandated to keep complete track of movement of goods along with full consignor, consignee details. Am unable to locate that part of the act now. Yet, we will now try to have the ve .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rbal understanding with the GTA formalised as an agreement after which we may be able to enlist their warehouse as an additional place of business with possession type as "Consent" or "Shared". Currently e-waybills and tax invoices have only one address i.e. our primary place of business.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates