A registered person shall be entitled to take, in his
respective CGST and/ or SGST electronic credit ledger i.e. PMT -02
maintained on common portal, the amount of CENVAT
or VAT and Entry Tax Credit carried forward in his return relating to the
period ending with the day immediately proceedings the appointed day, furnished
by him under any of the existing law , subject to the following conditions and guidelines
:
1. Submission of application in form TRAN-01
within 60 days from the appointed day.
2. Not opting composition scheme to to
pay Tax under GST Law.
3. Said amount of credits is admissible
as ITC under GST Law.
4. Furnishing of all up to date
returns required to be filed under
existing laws and in case of state/UT VAT law such returns must be furnished
within 90 days form the appointed day.
5. Said amount of credit does not belong
to good manufactured and cleared or goods sold under exemption notifications.
6. if inputs have been received from an EOU
or a unit located in EHTP, the credit shall be allowed as per the
provisions of the rule 3(7) of CCR, 2004.
7. Such amount of credit as it is attributable
to any claim related to the sales made on the strength of statutory forms under
CST Act for the Period upto 31st March, 2017. Which is not substantiated
with the declaration forms shall not be eligible to be credited to the PMT-02 and the said
credit shall be refunded under the existing law when supported with such
declaration forms
8. Provide details os the sales made on the strength of
statutory forms under CST Act, during the financial year related to the relevant
return and the particulars of such declaration in forms, C, E-1/2, H and I.
9. credit of unavailed CENVAT or
ITC in respect of capital goods, subject to admissibility under the existing
law.
10. In case of a person, who has engaged
in the taxable as well as exempted goods or services; to take credits in
respect of inputs held in stock and inputs contained in semi-finished or
finished goods held in stock on the appointed day, shall be considered as
unregistered or not liable to be registered under the existing law to to the
extent of stock pertains to such exempted goods or services.
11. In case where inputs or input
services or goods received on or after the appointed day, but the duty
or tax in respect of which has been paid by the supplier under the existing
law, credit of eligible duties and taxes hall be available subject to recording
of such invoice in the books within 30 days from the appointed day and furnishing
a statement.
12. In case of a person who was paying
tax at a fixed ate (composition scheme) or paying a fixed amount in lieu
of of the tax payable under the existing law, shall be considered as
unregistered or not liable to be registered under the existing law for the
purpose of taking input tax credits.
13. In case of an input service distributor,
the ITC on account of any services received prior to the appointed day,
shall be eligible for distribution under GST law even if the invoices related
to such services are received on or after the appointed day.
14. In case of centralized
registration, the credits shall be allowed subject to furnishing return for
the period ending with the day immediately preceding the appointed day, within
3 months of the appointed day either an original or revised where the credit
has been reduced from that claimed earlier. Such credit may be transferred to the
registered person having the same PAN for which the centralized registration
was obtained under the existing law.
15. Where any CENVAT, credit availed
and reversed under existing law due to non-payment of such considerations
within a period of 3 months, such credit can be reclaimed subject to the
payment of such considerations within a period of 3 months from the appointed
day.
