GST: Transitional Provisions

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GST: Transitional Provisions Edition 3

Contents POT Transition Phase [S.188 and S. 189] Credit with ISD [S.190 and S. 191] Goods with Agent [S.192 and S.193] Transfer of goods to branch [S.194 and S. 195] TDS during transit [S. 196] Transitional Provisions for availing CENVAT credit [S. 197] 2

Section 188 Taxability of supply of services Taxability of supply of services in certain cases Notwithstanding anything contained in S.13 or S.14: the tax in respect of the taxable services shall be payable under the earlier law to the extent the point of taxation in respect of such services arose before the appointed day Where the portion of the supply of services not covered by this section such portion shall be liable to tax under this act * Similar enabling provisions under SGST GST Place of supply of goods and services

Section 189 Taxability of supply of goods Taxability of supply of goods in certain cases Notwithstanding anything contained in S.12 or S.14: the tax in respect of the taxable goods shall be payable under the earlier law to the extent the point of taxation in respect of such goods arose before the appointed day where the portion of the supply of goods not covered by this section such portion shall be liable to tax under this act * Similar enabling provisions under SGST

Section 190 Credit distribution by ISD Credit distribution of Service Tax by Input Service Distributor [CGST only] Notwithstanding anything to the contrary contained in this Act: the input tax credit on account of any services received prior to the appointed day by an Input Service Distributor (ISD) shall be eligible for distribution as credit under this Act even if the invoices relating to such services are received on or after the appointed day

Section 191 Provision for transfer of unutilised CENVAT Credit by taxable person having centralized registration under the earlier law [CGST only] Where a taxable person: having centralized registration under the earlier law and has obtained a registration under this act such person shall be allowed to take credit of the amount of CENVAT credit c/f in a return in respect of the period prior to the appointed day provided he files his return within 3 months from the appointed day Also such amount should be eligible for credit under this act such credit may be transferred to any other registered taxable person (having the same PAN) for which the centralised registration was obtained under the earlier law

Section 192 Tax paid on goods lying with agents Tax paid on Goods lying with agents to be allowed as credit [Only in SGST] Goods of Principal lying at the premises of the agent on the appointed day The agent shall be entitled to take credit under GST Agent is registered taxable person Such stock lying with agent is declared by both principal and agent Invoices not earlier than 12 months The principal has either reversed or not availed input tax credit of such goods 7

Section 193 Tax paid on capital goods lying with agents Tax paid on Capital Goods lying with agents to be allowed as credit [Only in SGST] Capital Goods of Principal lying at the premises of the agent on the appointed day The agent shall be entitled to take credit under GST Agent is registered taxable person Such stock of capital goods lying with agent is declared by both principal and agent Invoices not earlier than 12 months The principal has not availed input tax credit of such capital goods 8

Section 194 Treatment of Branch transfers Background of branch transfers: Under State VAT laws in inter-state transfers, ITC to stock transfers are required to be reversed partially or fully as per terms of computation mechanism. In most States, a percentage of ITC is reversed by applying ratio of value of stock transfers to total taxable transactions. Notwithstanding anything to the contrary contained in this Act: any amount of input tax credit reversed prior to the appointed day shall not be admissible as credit of input tax under this Act *Only in SGST

Section 195 Goods sent on Approval Basis Goods sent on Approval basis returned after the appointed day [Only in SGST] Where any goods: sent on approval basis not earlier than 6 months before the appointed day either rejected or not approved by the buyer and returned to the seller on or after the appointed day no tax shall be payable, if such goods are returned within 6 months from the appointed day, else tax shall be payable by the person returning the goods also tax shall be payable by the person who sent the goods Goods sent on approval within 6 months prior to appointed day [Only in SGST] Case 1 Goods Returned To Supplier No payment of tax Returning within 6 months from appointed day Case 2 Goods Returned To Supplier Buyer to pay tax Returning after 6 months from appointed day Supplier to pay tax

Section 196 TDS Deduction of Tax at source Where a supplier: has made any sale of goods under the earlier law which were subject to TDS also issued an invoice on or before the appointed day no TDS shall be deducted where payment to the said supplier is made on or after the appointed day

Section 197 Transitional provisions for availing CENVAT Credit in certain cases Where any CENVAT Credit: availed for the input services provided under the earlier law was reversed due to non-payment of consideration within 3 months can be reclaimed provided such payment was made within 3 months from the appointed day *only under CGST

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