Transitional Provisions and guidance to form filing Presented by : CA Nikhil Jaju & CA Shrenik Sancheti. Technical Chairman : CA Umesh Sharma.

INDEX Rule Section Transitional arrangement for ITC in following cases Details to be given in TRAN 1 under Sr. no. 117(1) 140(1) 140(4a) A Registered person under Excise and Service Tax Act   5 (a) Details of C, F, H, I forms received (01-04-17 to 30-06-17) 5 (b) Details of C, F, H, I forms for amount of ITC Carried forward to ECL as SGST / UTGST 5 (c) 117(2)a 140(2) Details of Capital Goods for unavailed credit as CGST 6 (a) Details of Capital Goods for unavailed credit as SGST / UTGST 6 (b) 117(2)b and c 140(3) (4b) (5) (6) (8) Amount of Duty / taxes claimed as ITC excluding the ITC claimed under 5 (a) 7 (a) 117(4) Proviso 140(3) A registered person who was not registered under the existing law be allowed to avail credit of inputs of which he is not in possession of any document evidencing payment of central excise duty. TRAN 2 and TRAN 1 – part 7B of Serial no. 7a. 117(2)c 140(5) (b) Amount of eligible duties and taxes/VAT/[ET] in respect of inputs or input services. 7 (b) 117(2)b 140(3) (4b) (6) Amount of VAT and ET paid on inputs supported by invoices/documents evidencing payment of tax C/F to ECL as SGST/UTGST 7 (c) Stock of goods not supported by invoices/documents evidencing payment of tax (credit in terms of rule 117 (4)) (To be there only in States having VAT at single point 7 (d) 117(3) - The amount of credit specified in GST TRAN-1 shall be credited to ECL of the applicant maintained in GST PMT-2 140(8) Details of transfer of Cenvat credit for registered person having centralized registration. 8 119 141 of CGST and 142(14) of SGST Details of goods sent to job-worker and held in his stock on behalf of principal or agent. 9 and 10 118 142(11)(c) Details of credit availed 11 120 142(12) Details of goods sent on approval basis six months prior to the appointed day 12

Rule Section Transitional arrangement for ITC in following cases Details to be given in TRAN 2 under Sr. no. 117(4) Proviso 140(3) Details of inputs held on stock on appointment date in respect of which he is not in possession of any invoice/document evidencing payment of tax carried forward to ECL 4   Credit on State Tax on the stock mentioned in 4 above (To be there only in States having VAT at single point) 5

Migration Of Existing Tax Payers – u/S 139 Every registered person under any of the existing laws with valid PAN shall be issued a provisional registration certificate (PRC). PRC will be valid for 6 months or such extended period . The Final Certificate of registration shall be granted in such form and manner as may be prescribed .

Transitional Arrangement for Excise dealer – 140 (1) A registered person shall be entitled to take in his ECL , the amount of CENVAT credit carried forward in the return relating to the period ending with the date immediately preceding the appointed day , furnished by him under the existing law. Not be allowed to take credit if Credit not admissible as ITC under this act or Not furnished all returns under Existing Law for the period of 6 months Credit relates to goods manufactured and cleared under such exemption notification as are notified by the government. .

Rule 117(1) - Tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day Every registered person entitled to take credit of input tax under section 140 shall, within ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1 extend the period of ninety days

under existing law (Central Excise and Service Tax)   5(a) Amount of Cenvat credit carried forward to electronic credit ledger as central tax (Section 140(1) and Section 140(4)(a)) Sl. no. Registration no. under existing law (Central Excise and Service Tax) Tax period to which the last return filed under the existing law pertains Date of filing of the return specified in Column no. 3 Balance Cenvat credit carried forward in the said last return Cenvat Credit admissible as ITC of central tax in accordance with transitional provisions 1 2 3 4 5 6   Total

Period: 1st Apr 2015 to 30th June 2017 5 (b) Details of statutory forms received for which credit is being carried forward Period: 1st Apr 2015 to 30th June 2017 TIN of Issuer Name of Issuer Sr. No. of Form Amount Applicable VAT Rate C-Form   Total F-Form H/I-Form

5 (c). Amount of tax credit carried forward to electronic credit ledger as State/UT Tax (For all registrations on the same PAN and in the same State)   Registration No. in existing law Balance of ITC of VAT and [Entry Tax] in last return C Forms F Forms ITC reversal relatable to [(3) and] (5) H/I Forms Transition ITC 2- (4+6-7+9) Turnover for which forms Pending Difference tax payable on (3) Tax payable on (5) Turnover for which forms Pending Tax payable on (7) 1 2 3 4 5 6 7 8 9 10

Unavailed CENVAT Credit on Capital goods – 140 (2) A registered taxable person, other than composition dealer, shall be eligible to take the credit In the electronic credit ledger Even if Not Carried Forward In A Return Unavailed Credit = (Total eligible credit – credit availed) under the earlier law Such credits must be eligible under the earlier law AND under GST law

Rule 117(2)(a) Specify separately the following particulars in respect of every item of capital goods as on the appointed day- (i) availed or utilized (ii) yet to be availed or utilized

  6(a) Amount of unavailed cenvat credit in respect of capital goods carried forward to electronic credit ledger as central tax Sr. no Invoice / Document no. Invoice / document Date Supplier’s registration no. under existing law Recipients’ Details of capital goods on which credit has been partially availed Total eligible cenvat credit under existing law Total cenvat credit availed under existing law Total cenvat credit unavailed under existing law (admissible as ITC of central tax) (9-10) Value Duties and taxes paid ED/ CVD SAD 1 2 3 4 5 6 7 8 9 10 11   Total

  6(b) Amount of unavailed ITC carried forward to electronic credit ledger as State/UT tax (For all registrations on the same PAN and in the same State) Sr. no Invoice / Document no. document Date Supplier’s registration no. under existing law Recipients’ registration no. under existing law Details regarding capital goods on which credit is not availed Total eligible VAT [and ET] credit under existing law Total VAT [and ET] credit availed under existing law Total VAT [and ET] credit unavailed under existing law (admissible as ITC of State/UT tax) (8-9) Value Taxes paid VAT [and ET] 1 2 3 4 5 6 7 8 9 10   Total

Credit of eligible duties and taxes on input held in stock – 140(3) Person eligible for ITC Not liable to be registered under the earlier law Engaged in manufacture/ sale of exempted goods / provision of exempted services Person providing works contract service and availing abatement under notification no. 26/2012 First / Second stage dealer, importer Credit available on Inputs held in stock, semi-finished goods or finished goods held in stock as on appointed day Such credit can be taken in the electronic credit ledger.

Credit of eligible duties and taxes on input held in stock CONDITIONS PROVIDED THAT Inputs/goods are used or intended to be used for making taxable supplies Eligible For ITC Under This Act. Registered Person should be in possession of invoice or other prescribed document. Invoice or other document should be within 12 months from the appointed day. Supplier of Services Not Eligible for abatement under this act. Registered Person (Only for Traders) Not in Possession of Invoice/any other documents Evidencing payment of duty Taxable person shall pass on benefit of such credit by way of reduced price to recipient, be allowed to take credit at such rate and in such manner as prescribed. (Covered in Rule 117(4) – TRAN 2) GST rate Credit of > 18 % 60 % < 18 % 40 %

A registered person is Engaged In Manufacture Of Taxable as well as Exempted Goods – 140(4) Liable to pay tax under this Act , entitled to take in his : - CENVAT credit carried forward in return under existing law &. CENVAT Credit of eligible duties in respect of input held in stock and input contained in semi-finished & finished goods. Section 140 (5) – In Transit A registered person shall be entitled to take in his ECL, credit of eligible duties & taxes of input or input service received on or after the appointed day but duty of tax has been paid by the supplier under the existing law such shall be recorded in the books of account within the period of 30 days from the appointed day.

Paying tax at a fixed rate or paying a fixed amount Section 140(6) Credit available on Conditions In his electronic credit ledger, credit of eligible duties in respect of inputs held in stock and inputs contained in semi finished or finished goods held in stock on the appointed date . Inputs/goods are used or intended to be used for making taxable supplies. Eligible For ITC Under This Act. Registered Person should be in possession of invoice or other prescribed document. Invoice or other document should be within 12 months from the appointed day. Is not paying tax under Sec.10

117(2)b and c (b) in the case of a claim under section 140(3) (4b) (6) (8), specify separately the details of stock held on the appointed day; (c) in the case of a claim under section 140(5), furnish the following details, namely:—

7(a) Amount of duties and taxes on inputs claimed as credit excluding the credit claimed (under sections 140(3), 140(4)(b) and 140(6)) Sr. no. Details of inputs held in stock or inputs contained in semi-finished or finished goods held in stock HSN (at 6 digit level) Unit Qty. Value Eligible Duties paid on such inputs 1 2 3 4 5 6 7A Where duty paid invoices are available Inputs   Inputs contained in semi-finished and finished goods

7B Where duty paid invoices are not available (Applicable only for person other than manufacturer or service provider) – Credit in terms of Rule 117 (4) Inputs     Unit HSN (at 6 digit level) Sr. no. Qty. Value Eligible Duties paid on such inputs

Proviso 140(3) A registered person who was not registered under the existing law be allowed to avail credit of inputs of which he is not in possession of any document evidencing payment of central excise duty.

4 Details of inputs held on stock on appointment date in respect of which he is not in possession of any invoice/document evidencing payment of tax carried forward to Electronic Credit ledger. Opening stock for the tax period Outward supply made Closing balance   HSN (at 6 digit level) Unit Qty. Qty Value Central Tax Integrated ITC allowed QtY 1 2 3 4 5 6 7 8 9

7(b) Amount of eligible duties and taxes/VAT/[ET] in respect of inputs or input services. – 140(5) Name of the supplier Invoice number Invoice date Description Quantity UQC Value Eligible duties and taxes VAT/[ET] Date on which entered in recipients books of account 1 2 3 4 5 6 7 8 9 10  

Details of inputs in stock 7(c) Amount of VAT and ET paid on inputs supported by invoices/documents evidencing payment of tax carried forward to electronic credit ledger as SGST/UTGST under sections 140(3), 140(4)(b) & 140(6) Details of inputs in stock Total input tax credit claimed under earlier law Total input tax credit related to exempt sales not claimed under earlier law Total Input tax credit admissible as SGST/UTGST Description Unit Qty Value VAT [and Entry Tax] paid 1 2 3 4 5 6 7 8 Inputs   Inputs contained in semi-finished and finished goods

7 (d) Stock of goods not supported by invoices/ documents evidencing payment of tax (credit in terms of rule 117 (4)) (To be there only in States having VAT at single point) Details of inputs in stock Description Unit Qty Value Tax paid 1 2 3 4 5  

  117 (3) The amount of credit specified in the application in FORM GST TRAN-1 shall be credited to the electronic credit ledger of the applicant maintained in FORM GST PMT-2 on the common portal.

8. Details of transfer of cenvat credit for registered person having centralized registration under existing law (Section 140(8)) Sl. No. Registration no. under existing law (Centralized) Tax period to which the last return filed under the existing law pertains Date of filing of the return specified in Column no. 3 Balance eligible cenvat credit carried forward in the said last return GSTIN of receivers (same PAN) of ITC of CENTRAL TAX Distribution documen /invoice ITC of CENTRAL TAX transferred No. Date 1 2 3 4 5 6 7 8 9

Details of goods sent to job-worker and held in his stock 141 of CGST and 142(14) of SGST Details of goods sent to job-worker and held in his stock on behalf of principal or agent. Rules 119 Declaration of stock held by a principal and agent. - Every person to whom the provisions of section 141 apply shall, within ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1, specifying therein, the stock of the inputs, semi-finished goods or finished goods, as applicable, held by him on the appointed day.

9 a. Details of goods sent as principal to the job worker under section 141 Sr. No. Challan date Type of goods (inputs/ semi-finished/ finished) Details of goods with job- worker HSN Description Unit Quantity Value 1 2 3 4 5 6 7 8 9 GSTIN of Job Worker, if available   Total

9b. Details of goods held in stock as job worker on behalf of the principal under section 141 Sr. No. Challan No. Date Type of goods (inputs/ semi-finished/ finished) Details of goods with job- worker HSN Description Unit Quantity Value 1 2 3 4 5 6 7 8 9 GSTIN of Manufacturer   Total

10.a. Details of goods held in stock as agent on behalf of the principal under section 142 (14) of the SGST Act. Details of goods held as agent on behalf of the principal Sr. No. GSTIN of Principal Details of goods with Agent Description Unit Quantity Value Input Tax to be taken 1 2 3 4 5 6 7  

b. Details of goods held by the agent Sr. No. GSTIN of Principal Details of goods with Agent Description Unit Quantity Value Input Tax to be taken 1 2 3 4 5 6 7  

  Rules 118. Declaration to be made under clause (c) of sub-section (11) of section 142.- Every person to whom the provision of clause (c) of sub-section (11) of section 142 applies, shall within a period of ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1 furnishing the proportion of supply on which Value Added Tax or service tax has been paid before the appointed day but the supply is made after the appointed day, and the Input Tax Credit admissible thereon.

11. Details of credit availed in terms of Section 142 (11 (c)) Sr. no. Registration No of VAT Service Tax Registration No. Invoice /docu ment no. Invoice/ document date Tax Paid VAT paid Taken as SGST Credit or Service Tax paid as Central Tax Credit 1 2 3 4 5 6 7   Total

Rules 120. Details of goods sent on approval basis.- Every person having sent goods on approval under the existing law and to whom sub-section (12) of section 142 applies shall, within ninety days of the appointed day, submit details of such goods sent on approval in FORM GST TRAN-1.

. 12. Details of goods sent on approval basis six months prior to the appointed day (section 142(12)) Sr No. Document no. date GSTIN no. of recipient, (if applicable Name & addres of recipient Details of goods sent on approval basis HSN Description Unit Quantity Value 1 2 3 4 5 6 7 8 9 10   Total

117(4)(b) – TRAN 2 - Conditions (b) The credit of central tax shall be availed subject to following conditions :- (i) such goods were not unconditionally exempt from the whole of the duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 or were not nil rated in the said Schedule; (ii) the document for procurement of such goods is available.    (iii) the registered person availing of this scheme and having furnished the details of stock held by him in accordance with the provisions of clause (b) of sub-rule (2), submits a statement in FORM GST TRAN 2 at the end of each of the six tax periods during which the scheme is in operation indicating therein, the details of supplies of such goods effected during the tax period; (iv) the amount of credit allowed shall be credited to the ECL of the applicant maintained in FORM GST PMT-2 on the common portal; and (v) the stock of goods on which the credit is availed is so stored that it can be easily identified by the registered person.

TRAN 2 Details of inputs held on stock on appointment date in respect of which he is not in possession of any invoice/document evidencing payment of tax carried forward to Electronic Credit ledger. Opening stock for the tax period Outward supply made Closing balance   HSN (at 6 digit level) Unit Qty. Qty Value Central Tax Integrated ITC allowed 1 2 3 4 5 6 7 8 9

5. Credit on State Tax on the stock mentioned in 4 above (To be there only in States having VAT at single point) Opening stock for the tax period Outward supply made Closing balance   HSN (at 6 digit level) Unit Qty. Qty Value State Tax Integrate d tax ITC allowed 1 2 3 4 5 6 7 8 9

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