9911796707
TMI Blog2021 (12) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... ame as the value of common service - Further, under Sec 37(1) of the CGST Act, 2017 and Sec 14 of the IGST Act, 2017 read with rule 59(1) of CGST Rules, 2017 every registered person other than an ISD or Non-Resident Taxable Person (NRTP) or a person opting for composition or a person doing TDS TCS on the supplies received shall furnish details of outward supplies in Form GSTR-1. A combined reading of the provisions prescribed above clearly indicate that a registered person intending to transfer the credit on common input services to ISD shall file the details of such credit in Form GSTR-1. However, if an invoice is raised on an ISD with the same State code the credit of tax can be issued for CGST SGST by utilizing the IGST credit as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the case: M/s. Nile Limited have operations in Andhra Pradesh Telangana. Their head office is situated at Hyderabad, Telangana. They have submitted that they are paying GST under Reverse Charge Mechanism (RCM) on common input services. After making such payment of GST under RCM, they are availing input credit on such input services They submitted that the common input services are pertaining to whole company, not to any particular state. Therefore, such input credit needs to be distributed among all the states, as per Rule 39 of the CGST Rules. They submitted that the distribution can be done through Input Service Distributor (ISD), and hence they took an ISD Registration. They submitted that before distribution of input c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due to the retirement of State Member on superannuation. Further, Government of Telangana vide G.O. Rt. No. 216, Rev(CT-II) Dept, Dt.16.06.2021 have nominated Sri S.V. Kasi Visweswara Rao, Additional Commissioner (ST) as member to The Authority for Advance Ruling and hence the case was re-posted a fresh on 09.07.2021. Heard the case. The Authorized representatives of the unit namely Sri R. Srinivas, Manager, authorized representative and Smt. K. Rajani, CS AR attended the personal hearing held on 09-07-2021. The authorized representatives reiterated their averments in the application submitted and contended as follows: 1. That they are having 3 registrations in the State of Telangana and that in one of the registrations they have mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised on an ISD with the same State code the credit of tax can be issued for CGST SGST by utilizing the IGST credit as indicated under Sec 49 of the CGST Act, 2017. 8. In view of the observations stated above, the following ruling is issued : Advance Ruling Question Raised Advance Ruling Issued 1. A) Whether the Transfer of Credit under Rule 54(1A) of the CGST Rules to the ISD by way of issuance of Invoice or Debit/Credit Note will be considered as Outward Taxable Supplies ? B) If yes, whether the details of Taxable Value of Input Service, and tax thereon (IGST, CGST, SGST), need to be transferred to ISD, will be shown in Point (a) of Tile 3.1 of GSTR-3B. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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