Page 250 - CA Final GST
P. 250

Badlani Classes




                                    -   inputs contained in semi-finished or
                                    -   finished goods held in stock and
                                    -   on capital goods
                                       on the day immediately preceding the date from which he becomes liable to pay
                                       tax under section 9i.e. regular dealer:

                                     Provided that the credit on capital goods shall be reduced by such percentagepoints
                                     as may be prescribed;
                                Example: Mr X was registered under composition scheme under GST. On 10/10/18 his
                                turnover crossed Rs 50 lacs, so he switched over to regular dealer. On the same date he has
                                a opening stock of Raw material, WIP and Finished goods worth Rs 20 lacs on which he
                                has already paid of Rs 2 lacs on account of GST. Now, he will be eligible to get the ITC
                                thereof i.e. Rs 2 lacs.
                                    d-  ITC on exempt supply becoming taxable :
                                       where  an  exempt  supply  of  goods  or  services  or  both  by  a  registered  person
                                       becomes a taxable supply, such person shall be entitled to take credit of input tax
                                       in respect of
                                    -   inputs held in stock and
                                    -   inputs contained in semi-finished or
                                    -   finished goods held in stock relatable to such exempt supply and
                                    -   on capital goods exclusively used for such exempt supply
                                       on the day immediately preceding the date from which such supplybecomes
                                       taxable:

                                       Provided  that  the  credit  on  capital  goods  shall  be  reduced  by  such
                                       percentagepoints as may be prescribed.
                                 2-  Time limit for taking credit of ITC:
                                     A registered person shall not be entitled to take input tax credit under sub-section (1)
                                     in respect of any supply of goods or services or both to him after the expiry of one
                                     year from the date of issue of tax invoice relating to such supply.
                                 3-  Transfer  of  unutilized  ITC  in  case  of  change  in  constitution  of  a  registered
                                     taxable person (i.e. sale, merger, demerger, amalgamation etc)
                                     Where there is a change in the constitution of a registered person on account ofsale,
                                     merger,  demerger,  amalgamation,  lease  or  transfer  of  the  business  with  the
                                     specificprovisions  for  transfer  of  liabilities,  the  said  registered  person  shall  be
                                     allowed to transfer theinput tax credit which remains unutilised in his electronic
                                     credit ledger  to  such  sold,  merged,demerged,  amalgamated,  leased  or transferred
                                     business in such manner as may be prescribed.

                                 4-  ITC  reversal  on  closing  stock  of  Input  /  capital  goods  on  switching  to
                                     Composition scheme or exempt supply :
                                     Where any registered person who has availed of input tax credit opts to pay taxunder
                                     section  10  or,  where  the  goods  or  services  or  both  supplied  by  him  become
                                     whollyexempt, he shall pay an amount, by way of debit in the electronic credit ledger
                                     or electroniccash ledger, equivalent to the credit of input tax in respect of
                                     -  inputs held in stock and                                                  Page249
                                     -  inputs contained in semi-finished or



                                   Central Goods & Services Tax Act, 2017
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