Input tax credit of stock held on appointed day
Vijay Chaudhary (5 Points)
05 May 2017Vijay Chaudhary (5 Points)
05 May 2017
CA Suresh Jain
(Practice)
(135 Points)
Replied 05 May 2017
Vinod Araveti
(Practicing CA)
(1180 Points)
Replied 06 May 2017
As per section 140(3) of CGST act 2017, person who was not liable to be registered under the existing law can take the credit on input stock held in hand on the appointed day.
So because your freind is already liable to register under the existing law but not registered, he can't take the credit on that stock.
CA Suresh Jain
(Practice)
(135 Points)
Replied 06 May 2017
Vijay Chaudhary
(5 Points)
Replied 07 May 2017
Thanks for your clarification.
I want to clear my query. Yarn is taxable, however sale of Grey is exempted under Gujarat VAT.
Thus, my friend is engaged in the manufacturer of exempted goods (i.e. Grey). Can he claim Input Tax Credit on stock on the basis of plea that he is engaged in the manufacturer of exempted goods. Although he was liable to get registration because his taxable purchase (i.e. Yarn) is exceeding Rs.5 Lakh.
I read section 140(3) which is as follows:-
A registered person, who was not liable to be registered under the existing law, or who was engaged in the manufacture of exempted goods or provision of exempted services, or who was providing works contract service and was availing of the benefit of notification No. 26/2012—Service Tax, dated the 20th June, 2012 or a first stage dealer or a second stage dealer or a registered importer or a depot of a manufacturer, shall be entitled to take, 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 ....
Vinod Araveti
(Practicing CA)
(1180 Points)
Replied 08 May 2017
It seems to be you can take the credit but it is advisable to refer transitional provisions in the Gujarath state GST act also once it is passed.
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