9911796707
TMI BlogGuidelines for verifying the Transitional Credit in light of the order of the honourable Supreme Court in the Union of India v. Filco Trade Centre Pvt. Ltd., SLP(C) Nos. 32709-32710/2018, order dated July 22, 2022 and September 2, 2022X X X X Extracts X X X X X X X X Extracts X X X X ..... two months, i. e., with effect from September 1, 2022 to October 31, 2022. 2. Considering the judgments of the High Courts on the then prevailing peculiar circumstances, any aggrieved registered assessee is directed to file the relevant form or revise the already filed form irrespective of whether the taxpayer has filed writ petition before the High Court or whether the case of the taxpayer has been decided by Information Technology Grievance Redressal Committee (ITGRC). 3. GSTN has to ensure that there are no technical glitch during the said time. 4. The concerned officers are given 90 days thereafter to verify the veracity of the claim/transitional credit and pass appropriate orders thereon on merits after granting appropriate reasonable opportunity to the parties concerned. 5. Thereafter, the allowed transitional credit is to be reflected in the electronic credit ledger. 6. If required GST council may also issue appropriate guidelines to the field formations in scrutinizing the claims. The special leave petitions are disposed of accordingly. Pending applications, if any, also stand disposed of." 1.2. Subsequently in Miscellaneous Application Nos. 1545-1546 of 2022 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he TRAN-1/TRAN-2 filed/revised by the applicant on their back office systems i. e. Bo-Web portal. Further, a self-certified downloaded copy of TRAN-1/TRAN-2 filed/revised by the applicant shall also be made available to the jurisdictional tax officer by the said applicant as mentioned in para 4.5 of Circular No.180/12-HGST/2022/GST-II, dated September 22, 2022. 5.2 The verification of the transitional credit shall be conducted by the jurisdictional tax officer who will pass an appropriate order regarding the veracity of the claim filed by the applicant, based on all the facts and the provisions of the law. In respect of TRAN-1/TRAN-2 filed/revised by the applicant under the administrative control of the Central tax authorities, such verification and issuance of order shall be done by the jurisdictional officer of Central tax, whereas in respect of TRAN-1/TRAN-2 filed/revised by the applicant under the administrative control of the State tax authorities, the same shall be done by the jurisdictional officer of State tax. The jurisdictional tax officer shall start the verification process immediately on availability of TRAN-1/TRAN-2 filed/revised by the applicant on the back office s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax officer and where the transitional credit claimed has component of Central tax also. 5.3.3 The jurisdictional tax officer shall, in parallel, continue the verification of the remaining portion of the transitional credit at his end. 5.3.4 The jurisdictional tax officer and the counterpart tax officer shall verify the transitional credit claimed under the CGST or the SGST head, as the case may be, by referring to the guidelines detailed in annexure I to this circular for transitional credit pertaining to Central tax and the guidelines to be issued by the State for verification of transitional credit pertaining to the State tax, as applicable. While conducting the verification, the officer must also check whether any adjudication or appeal proceedings in TRAN-1/TRAN-2 related matter are pending/concluded against the applicant. In such cases, where any adjudication or appellate proceedings have been initiated against the applicant in respect of TRAN-1/TRAN-2, the officer should take a note of the relevant facts in the notice/order, and the grounds/reasons for inadmissibility of transitional credit, if any, in the said notice/order. 5.3.5 In respect of verification done by the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts of the case, including verification report received from the counterpart officer, submissions made by the applicant and the comments, if any, of the counterpart officer on the same, the jurisdictional tax officer shall proceed to pass a reasoned order, preferably within a period of fifteen days from the date of personal hearing, specifying the amount of transitional credit allowed to be transferred to the electronic credit ledger of the applicant and upload a pdf copy of the said order, on the common portal for crediting the amount of allowed transitional credit to the electronic credit ledger of the applicant. In any case, such order shall be passed within a period of 90 days from December 1, 2022, i. e., up to February 28, 2023. 5.3.9 Where the amount credited to the electronic credit ledger pursuant to the originally filed TRAN-1/TRAN-2 exceeds the amount of credit admissible in terms of the revised TRAN-1/TRAN-2 filed by the applicant, such excess credit is liable to be demanded and recovered from the applicant, along with interest and penalty, in accordance with the provisions of Chapter XV of the Act and the rules made thereunder. 5.3.10 GSTN will also issue a sepa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f law be referred for better understanding of the issue. Sl. No. Table No. in TRAN-1 Provision in HGST Act Indicative list of nature of Credit 1. Col. 6 in table 5(a) 140(1), 140(4)(a) and 140(9) This table captures detail of the Cenvat credit carried forward in the return (ER-1/2/3 or ST-3) relating to the period ending with June 30, 2017, subject to conditions specified in section 140(1) of the CGST Act, by the manufacturers/service providers. 2. Column 11 of table 6(a) 140(2) This table captures details of unavailed credit of capital goods in the pre-GST era. capital goods credit was allowed to be availed in two instalments of 50 per cent. each. This table is meant to be used by the taxpayers who have availed a portion of Cenvat credit on capital goods through ER or ST return and now intend to avail remaining credit in respect of capital goods which has not been availed through the ER or ST return. The said amount of credit should have been admissible as input tax credit under GST law as well as under existing law. 3. Table 7(a) Column (6) in Entry 7A in Table 7(a) 140(3), 140(4)(b), 140(6) and 140(7) This table pertains to credit claim by new taxpayers or taxpa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e versa). 2. Checks for verification of entries in TRAN-1 Table : As a matter of assistance, following checks are suggested in relation to the entries provided in various tables of TRAN-1. The list of checks is not exhaustive but is indicative only based on provisions of law, the likely error and the inputs received from the field formations. Checks for table 5(a) : 3.1.1 Check 1 : Verify that the credit has been taken against closing balance of Cenvat credit in ER-1/2/3 or ST-3. Credit can be taken only where the last return was filed and credit taken in table 5(a) should not be more than closing balance of credit in ER-1/2/3 or ST-3 minus the education/secondary education cess/KKC/SBC. 3.1.2 Check 2 : Credit of taxes not covered in the definition of eligible duties in section 140 cannot be availed. Example : Krishi Kalyan cess, education cess, clean energy cess, etc. Credit of VAT and PLA balance is not allowed as transitional credit. 3.1.3 Check 3 : Check that returns have been filed for last 6 months. An assessee filing TRAN-1 and taking credit in table 5(a) should have-- (a) Filed ER-1 or ER-2 regularly between Jan., 2017 and June, 2017 or (b) Filed ER-3 for peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r collateral document where stocks are declared can be done. Case II : Exempted and non-exempted goods/services were being manufactured or provided : Rule 6(3) of the Cenvat Credit Rules provided the procedure for apportionment of credit relating to taxable goods/services and reversal of credit relating to exempted goods/services. Credit in table 5(a) would flow from the return in such cases. It should be checked that the return reflects credit after application of rule 6(3) of the Cenvat Credit Rules. The reversal in terms of rule 6(3) was required to be done at the time of removal of finished goods. Therefore some credit in table 7A can arise for such inputs which were in stock and which not attributed till the date of the transition to either exempted goods or non-exempted goods. To avail credit on such inputs, other conditions prescribed in cls. (i) to (v) of section 140(3) are required to be satisfied. Where the stock shown is very high, verification using VAT return or any other collateral document, where stocks were declared, can be done. 5.2. Check 6 : In cases where a new taxpayer has availed credit using credit transfer document, check that CTD issued by the manufactu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit was indeed paid under the existing law and supplies were indeed made after 1st July, 2017. Credit of VAT cannot be taken as CGST credit and vice-versa. 11. General check : 11.1 Check 12 : Check that credit which is being claimed through TRAN-1/TRAN-2 is not taken through return in Form GSTR-3B. This can lead to double credit being taken. 11.2 Clarifications issued vide Circular No. 33/07/2018-GST, dated February 23, 2018 regarding disputed credit and blocked credit may be followed during the verification process of the transitional credit. Annexure-II Verification report for TRAN-1/TRAN-2 to be submitted by the counterpart officer to the jurisdictional tax officer 1. Basic information : (a) Name (b) GSTIN (c) Whether transition credit claimed earlier Yes/ No 2. (a) Whether SCN/adjudication order issued in respect of credit availed through TRAN- 1/TRAN-2 filed earlier ; if "Yes", provide reference number and date : (b) If answer to (a) above is "Yes", then amount of transitional credit disallowed/proposed to be disallowed out of total claim filed by the applicant earlier : *Table of TRAN-1/TRAN-2 # Amount of credit disallowed/ proposed to be disallowed @ Gro ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
