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TMI BlogClarification regarding procedure for recovery of arrears under the existing law and reversal of inadmissible input tax credit.X X X X Extracts X X X X X X X X Extracts X X X X ..... alue added tax and input tax credit thereof, input tax credit carried forward erroneously and recovery of arrears of entry tax and other taxes leviable under the existing law and related interest, penalty or late fee payable arising as a result of the proceedings of assessment, appeal, revision, review and reference etc. initiated before, on or after the appointed date under the provisions of the existing law or due to revision of return under the existing law. In this regard, representations have been received seeking clarification on the procedure for recovery of such arrears in the GST regime. The issues have been examined and to ensure uniformity in the implementation of the provisions of the law across the field formations (i.e., juris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the HPGST Act subject to the conditions prescribed therein. Any credit which is not admissible in terms of section 140 of the HPGST Act shall not be allowed to be transitioned or carried forward and the same shall be recovered as an arrear of tax under the HPGST Act. iii) Recovery of arrears of value added tax or of entry tax and other taxes leviable under the existing law: a. Where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes recoverable, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under the HPGST Act [Section 142(8)(a)of the HPGST Act refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of value added tax wrongly carried forward as transitional credit shall be recovered as State tax liability to be paid through the utilization of amounts available in the electronic credit ledger or electronic cash ledger of the registered person, and the same shall be recorded in Part II of the Electronic Liability Register (FORM GST PMT-01). (b) The arrears of value added tax, or wrongly availed input tax credit thereof or of entry tax and other taxes leviable under the existing law arising out of any of the situations discussed in para 2 above, shall, unless recovered under the existing law, be recovered as State tax liability to be paid through the utilization of amounts available in the electronic credit ledger or electronic cash l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment relating to the same as per the practice prevalent for the period prior to the introduction of GST. 3.4 Recovery of arrears from dealers under the existing law in cases where such dealers are not registered under the HPGST Act, 2017: Such arrears shall be recovered in cash, under the provisions of the existing law and the payment of the same shall be made as per the procedure mentioned in para 3.3 supra. 4. Difficulty, if any, in implementation of this circular may please be brought to the notice of the Commissioner. By Order/- Commissioner of State Tax, Himachal Pradesh - Circular - Trade Notice - Public Notice - Instructions - Office orders Tax Management India - taxmanagementindia - taxmanagement ..... X X X X Extracts X X X X X X X X Extracts X X X X
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