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The information cited in this presentation has been drawn from various sources. While every
efforts have been made to keep the information cited in this presentation error free, the Institute or
any office do not take the responsibility for any typographical or clerical error which may have
crept in while compiling the information provided in this presentation. Further, the information
provided in this presentation are subject to the provisions contained under different acts and
members are advised to refer to those relevant provision also. For clarifications write to us at
idtc@icai.in
© The Institute of Chartered Accountants of India
This standardised PPT may be used by any person with due
acknowledgement to the Indirect Taxes Committee of ICAI.
Transitional Provisions
Every person registered under any of the existing laws and having a valid PAN will be issued a
provisional registration certificate (PRC)
The PRC shall be liable to be cancelled if the conditions so prescribed are not complied with
Such PRC issued to a person not liable for registration under GST shall be deemed to have not
been issued if the registration is cancelled upon filing an application by such person
Person who is eligible to pay tax under composition scheme and who has been issued a PRC,
may opt to pay composition tax in the time and manner prescribed. In case he does not pay tax
under composition, he shall be liable to pay tax at normal rates
Every person, other than a TDS deductor or an ISD, registered under an existing law, having a
valid PAN shall enroll on the Common Portal by validating his e-mail address and mobile
number
A taxable person who was having multiple registrations under the existing law on the basis of a
single PAN, shall be granted only one provisional registration under the Act
Every person who has been issued a PRC, shall submit an application in FORM GST REG-26,
along with the specified information and documents, on the Common Portal, within 3 months
If the particulars furnished are found correct and complete, the proper officer shall issue the
certificate of registration in FORM GST REG-06
© Indirect Taxes Committee, ICAI
Migration of Existing Taxpayers to GST – Sec 139 7
In case of non-furnishing or incorrect submission of the information, the proper officer shall
cancel the provisional registration by issuing an order in FORM GST REG-28, after serving a
notice to show cause in FORM GST REG-27 and giving an opportunity of being heard
The show cause notice issued as above can be vacated by issuing an order in FORM GST REG-
20, if it is found, upon personal hearing, that no such cause exists for which the notice was issued
Every person registered under any of the existing laws, who is not liable to be registered under
the Act may, submit an application within 30 days of the appointed day, in FORM GST REG-
29, for cancellation of the registration granted to him and the proper officer shall, cancel the said
registration
© Indirect Taxes Committee, ICAI
8
He should
credit should
have furnished Excess
not relate to Credit can
Allowed all the returns credit
Registered goods be taken in
carry forward Such credit required under taken will
taxable manufactured the
of Input tax/ must be the existing be
person and cleared electronic
CENVAT eligible law for the recovered
other than under such credit
credit – under GST period of six as arrears
compositio exemption ledger
through a law months of tax
n dealer notifications as
return immediately (CGST) under GST
are notified by
preceding the law
the Government
appointed day
CGST
A registered person is entitled to take credit in electronic credit ledger of eligible
duties and taxes on inputs / input services received on / after the appointed day but
the duty / tax has been paid by the supplier under the existing law
• Condition: Invoice / any other duty / tax paying document recorded in the books
of accounts within 30 days from the appointed day
SGST
A registered taxable person shall be entitled to take credit in his electronic credit
ledger of VAT and Entry tax on inputs received on / after the appointed day but tax
has been paid by the supplier under the existing law
• Condition: Invoice / other tax paying document recorded in the books of accounts
within 30 days from the appointed day
In terms of the Rule 117 of CGST Rules, 2017 the application in FORM TRAN-1 shall be filed within 90
days (further extendable to 90 days) of the appointed day specifying eligible ITC amount.
Scheme is available upto 6 tax periods
SGST
© Indirect Taxes Committee, ICAI
Transfer of unutilised CENVAT credit by a person
having centralised registration – Sec 140(8) 18
Allowed to take
Taxable person has credit of CENVAT c/f
centralised Obtained registration in return furnished
registration under under GST Act under existing law in
existing law electronic credit
ledger
For the period ending with the day immediately preceding the appointed day
If the taxable person files an original / revised return within 3 months of the appointed day
Credit will be allowed if credit amount is reduced from that claimed earlier
Note:
1. Only those credits which are admissible under GST laws will be allowed
2. Credit may be transferred to any registered person having the same PAN for which centralised
registration was obtained under earlier law
3. Application in Form TRAN-1 within 90 days from appointed date
© Indirect Taxes Committee, ICAI
Availing credit in certain cases – Sec 140(9) 19
Credit can be
Cenvat credit
reclaimed if
Input services reversed due to
consideration is
provided under non-payment of
paid within 3
earlier law consideration
months from the
within 3 months
appointed day
• Goods on which duty had been paid were removed under the existing law (not
prior to six months from appointed day);
• Such goods are returned by an unregistered to the said place of business
Refund of duty
within six months from the appointed day; and
paid under
existing law • Such goods are identifiable to the satisfaction of proper officer
Issue of supplementary
Upward revision in the invoice or debit note
Contract entered prior price within 30 days from
to the appointed day such revision
and price of goods and
/ or services is revised
on or after the Issue of supplementary
appointed day Downward revision in invoice or credit note
the price within 30 days from
such revision
Note - Taxable person shall be allowed to reduce his tax liability, if the recipient of invoice or credit note has
reduced his input tax credit corresponding to such reduction of tax liability.
Refund claim of CENVAT Credit, duty, tax, interest and any other amount due under
existing law
Refund proceeding will be in terms of existing law other than Section 11B (2) of Central
Excise Act, 1944
Eligible refund to be paid in cash and if fully or partially rejected; balance to lapse
Refund of balance of CENVAT credit carried forward under CGST Act shall not be
allowed
Inadmissible Credit to be recovered as arrears of tax under GST law, unless recovered
under existing law
Not eligible for claim of input tax credit under GST law
Proceeding of appeal revision, review or reference relating to any output duty or tax
liability initiated before appointed date disposed of in accordance with existing law
Any amount payable to be recovered as arrears of tax under GST law, unless recovered
under existing law
Not eligible for claim of input tax credit under GST law
Amount recoverable to be recovered as arrears of tax under GST law, unless recovered
under existing law
Not eligible for claim of input tax credit under GST law
Goods - Services -
No tax payable under No tax payable under
CGST Act, to the extent CGST Act, to the extent
tax leviable under VAT tax leviable under
Act of the state Service Tax Law
Note – The details of goods sent on approval basis to be submitted in FORM GST TRAN 1
within 90 days of appointed day
© Indirect Taxes Committee, ICAI
Deduction of tax at source – Sec 142(13) 41
Payment of such
Invoices are issued Tax was liable to be
invoices is made on
before the appointed deducted under VAT
or after the appointed
day law
day
Thank You
For any Clarification, Please Contact
Indirect Taxes Committee of ICAI
Email: idtc@icai.in, Website: www.idtc.icai.org
© Indirect Taxes Committee, ICAI