Goods and Services Tax

Goods and Services Tax – Started By: – Amit Choudhary – Dated:- 8-6-2017 Last Replied Date:- 11-6-2017 – First : Educational institute reg u/s 12AA rented immovable property to a company for residential dwelling use . Second : Company run hostel and collect fees for students of school/ college. What will be the Service tax liability of 1. Educational institute 2. Company taxability – Reply By Himansu Sha – The Reply = Educational institute will pay service tax subject to the 10lakh cap as the h

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Goods and Services Tax – Started By: – Narendra Soni – Dated:- 8-6-2017 Last Replied Date:- 13-6-2017 – Dear experts,Please suggest what type of document (Tax invoice or Bill of Supply or Debit note or Payment voucher etc…..) shall be issued by an UN REGISTERED supplier at the time of supply in GST. – Reply By Vipul Singh – The Reply = Bill of Supply – Reply By Narendra Soni – The Reply = Sir, Bill of supply will be issued by registered person only, in the following two situations:- 1 – exempted supplies made by him 2.Composition levy supplies . Hence an unregistered person can not issue bill of supply, please see section 31(3)(c). – Reply By Vipul Singh – The Reply = Dear NarendraA bill of supply is issued in cases when a registered per

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Goods and Services Tax – GST – Dated:- 8-6-2017 – Implementation of Goods and Services Tax (GST) on the following items will have zero rate after the GST Law comes into force on 1st July, 2017. As a result of which these items will be available at cheaper rates to the common man at large: 1) Foodgrains and flours a. Cereals b. Pulses c. Atta d. Maida e. Besan Except branded ones with registered trade mark in whose case GST will be charged at the rate of 5 %. 2) Fresh milk 3) Fresh vegetables an

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Goods and Services Tax – GST – Dated:- 8-6-2017 – The Union Minister of Finance, Defence and Corporate Affairs, Shri Arun Jaitley thanks all the political parties for their cooperation and contribution in making it possible to launch GST with effect from 1st July, 2017; Asks the Members of Parliament (MPs) and MLAs of different political parties to equip themselves with the finer points of the Single Tax GST regime in order to explain the same to the people at large. The Union Minister of Finance, Defence and Corporate Affairs, Shri Arun Jaitley has thanked all the political parties for their cooperation and contribution in making the launch of Goods and Services Tax (GST) possible with effect from 1st July, 2017. In a letter addressed to

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Laws and Rules and GST rates for all the commodities. The Union Finance Minister Shri Jaitley further said that GST is the most important tax reform since independence and is going to substantially ease doing of business in India which will promote new investment and contribute to the overall GDP growth. Shri Jaitley further said that GST will also help in removing the cascading effect of taxation and will give relief to the common man by leading to reduction in prices especially of essential consumer goods. The Finance Minister also said that in terms of revenue growth, GST will help all the consumption States. Highlighting the role of Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) in creating mass awareness abou

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Goods and Services Tax – Started By: – SURYAKANT MITHBAVKAR – Dated:- 8-6-2017 Last Replied Date:- 9-6-2017 – While Implemetation of GST, availing balance credit on service tax we have to disclose in last return to carried forwards in GSTN Server.As per Service tax Act, Credit is eligible after making payment to service provider.can we issue only cheque in name of service provider (Not present in their Bank which will done in next month i.e. July-17) and avail service tax credit . – Reply By A

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Goods and Services Tax – Started By: – Vishnu Dutt Gupta – Dated:- 8-6-2017 Last Replied Date:- 18-6-2017 – Dear Sir,If we are doing stock transfer from manufacturing plant to depot's, In GST regime how much value we consider.Actual valueCost +10%90% of valueRgds,MJ – Reply By Himansu Sha – The Reply = In my view, another option is there, where the gst is available as credit, the value declared in the invoice is the open market price – Reply By Vishnu Dutt Gupta – The Reply = Dear Sir,Yes w

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Goods and Services Tax – Started By: – Suresh Babu – Dated:- 8-6-2017 Last Replied Date:- 8-6-2017 – Please explain the accounting policy (Creating Account head and link details) of IGST / CGST / SGST / UTGST. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = In respect of GST, all transactions are to be done through the Common Portal by means of Electronic Cash Ledger, Electronic Liability Register and Electronic credit ledger. You may adopt your own accounting policy based on the transactions m

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Goods and Services Tax – Started By: – Narendra Soni – Dated:- 8-6-2017 Last Replied Date:- 9-6-2017 – Dear Experts,We have three manufacturing units in a state covered under single GST registration. Products of all units are similar say plastic products.Kindly suggest whether single return is required to submit or unit wise returns are required to submit in GST. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = Single return is enough. – Reply By Narendra Soni – The Reply = Thanks Sir,What will

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Goods and Services Tax – Started By: – vijay sharma – Dated:- 8-6-2017 Last Replied Date:- 8-6-2017 – Sir, I am a transporter i had get my provisional id for Maharashtra can we do business from any other state with the same id(Maharashtra id) For example we can do business from Haryana, Punjab,Gujrat ect. with the same id of Maharashtra or we have to take it state wise If it is state wise than how can we add location in GST portal because know we are unable to modify or amend it. – Reply By MAR

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Goods and Services Tax – Started By: – Suresh Babu – Dated:- 8-6-2017 Last Replied Date:- 8-6-2017 – IN E-WAY BILL PART A OF GST INS-01 AND PART B OF GST INS-01 BOTH WE SHOULD FILLED OR EITHER PARTY A OR B. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = Both should be filed by the registered person – Party A. Part A of GST INS-01 is to be filled by Party A before commencement of movement. Part B is to be filled after the goods are transported and this for the purpose of generating e-way bill.

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Goods and Services Tax – Started By: – Narendra Soni – Dated:- 8-6-2017 Last Replied Date:- 8-8-2017 – Dear Experts,Please confirm, whether GST is applicable on ocean freight paid by a manufacturer to shipping line or to his agent or to freight forwarder located in India for (a) Export made from India and for (b) Import made in India by sea and by air.An immediate response is highly appreciated. – Reply By Narendra Soni – The Reply = Dear Experts,Kindly suggest your expert view to this query. –

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Goods and Services Tax – Started By: – Narendra Soni – Dated:- 8-6-2017 Last Replied Date:- 14-11-2017 – Dear Expert,Please suggest whether GST is applicable on Job Work Charges raised by Job worker.Urgent reply is appreciated – Reply By MUKUND THAKKAR – The Reply = labour charges (job work charges) is taxable under GST. if job worker is non registered than you have to pay the tax under RCM. and job worker is registered than he has pay to tax under GST. On job work charges. – Reply By KASTURI SETHI – The Reply = I support the views of Sh. Mukund Thakkar, Sir. Job work is taxable service under GST. – Reply By MARIAPPAN GOVINDARAJAN – The Reply = In this regard refer Section 143 of the CGST Act which describes the job work procedure. – Reply By Narendra Soni – The Reply = Thanks Sir,But, suppose a manufacturer has two units say A & B, located in same city(state) having single(same) PAN no and having single registration in GST (other unit is declared as additional place of business )

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,Rajagopalan Sir…Sir….., please suggest……… – Reply By MUKUND THAKKAR – The Reply = narendra Ji,Final product of both units are same? – Reply By KASTURI SETHI – The Reply = Sh.Soni Ji,. I am not studying GST. I shall study only after the date is confirmed. Still there is doubt about the date of implementation. Transporters and Bank Associations are requesting the Govt to postpone till 1.9. 2017. Let us wait for. No adverse effect till the date of implementation of GST. – Reply By Narendra Soni – The Reply = Thanks Mukund Sir,Both the units say A & B are manufacturing same products. Semi products say Tap and Fabric of unit 'A' is transferred in unit B under job work challan for making Bags,and the Bags has been exported directly from unit B (Permission form central excise has been taken in existing law). OR returned back to unit A if not exported. Job work challan is being set off accordingly. Presently no job work charges are raised unit B because both the units ar

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. In GST you are registered state wise and not factory wise. You need two GSTIN when you say two registered person. – Reply By Narendra Soni – The Reply = Dear Mukund Sir,Should we use Tax invoice of different series or Job work challan at the time of movement of goods from one unit to another unit.If we use Invoice than we have to charge GST at the time of movement between inter unit processing of RM/semi finished goods.Kindly confirm your expert views. – Reply By MUKUND THAKKAR – The Reply = Should we use Tax invoice of different series or Job work challan at the time of movement of goods from one unit to another unit.If we use Invoice than we have to charge GST at the time of movement between inter unit processing of RM/semi finished goods.Need not raise the Tax invoice only job work challan is enough for the movements. which will be serially is must. you need to feed the details in GSTN. for movement of job work material. – Reply By manish agarwal – The Reply = Dear expertAs earlie

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ain material which is required to be used to achieve final product that is tablet/capsule/syrup. As the main material is supplied by Principal and take back the finished product (definitely within an year) does Sec 143 is applied and no tax is charged or any other section specifies this and brings to GST to be charged. Kindly clarify. – Reply By KASTURI SETHI – The Reply = In my view, Section 143 is applicable. Both (job worker and jobbee) are distinct persons. Rest depends upon the terms and conditions of the agreement between both. – Reply By Radhakrishna S – The Reply = Sir, I am not able to understand clearly about applicability of GST for Job work. As per sec 143 a principal can send inputs (some material I mean) to a Job worker under intimation and can bring back without paying tax within an year and within 3 year for capital goods. Here exactly I am confused when he is exempted from paying tax how do a job worker can charge him GST. Every where it is discussed and confirmed that

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e we under take the job converting the ingredient or material supplied by another Pharmaceutical (which is called Loan Licensing) in to tablets/capsules/syrup we shall charge some amount for that. That shall include the processing, labour and also certain material which is required to be used to achieve final product that is tablet/capsule/syrup. As the main material is supplied by Principal and take back the finished product (definitely within an year) does Sec 143 is applied and no tax is charged or any other section specifies this and brings to GST to be charged. Kindly clarify. Mr. Radhakrishna, As per Schedule II, your activity of processing of other's goods is supply of service. Threshold exemption of ₹ 20 lakhs is applicable on your conversion charges+ cost of any material used by you. After that, you are liable to obtain GST registration and pay the tax. As far as principal is concerned, Section 143 provides for supply and getting back goods without payment of GST. –

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equently after processing jobworker can supply the final jobworked product on payment of GST which will be inclusing of jobwork charges. But, in this case, the jobworker must get registered under GST. In case jobworker is not registered, exemption from payment of GST has been granted to principle supplier and not jobworker. Jobworker has to charge GST on his service of Job work which will be available as credit to principle supplier. – Reply By MohanLal tiwari – The Reply = One of our Public sector customer is supplying used & rejected machinery part on job work basis for supply of fresh machinery part (castings) in job work basis. To manufacture fresh machine part (castings), few other raw materials are to be required to be used.Please advise if such manufacturing activities can be done under job challan. – Reply By Ganeshan Kalyani – The Reply = GST is not applicable on material part as that is covered within the conditon prescribed. However the job work charges is subject to GST

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Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 8-6-2017 Last Replied Date:- 9-6-2017 – First of all, one need to understand the definition of Job work under Revised GST law . After that it will be easier to understand the provision relating to supply of goods to job worker . Goods either input or capital goods can be directly send to Job worker and supply of input can be directly make from job worker place subject to the following provisions provided in Section- 143 of the Revised GST Law. Definition as per Section – 2[68] of Revised MGL. JOB WORK means any treatment or process by a person on goods belonging to another registered person and the expression job worker shall be construed accordingly It means the provision of job work shall be applicable if the goods are received from Registered Person. Otherwise these provision of S. 143 is not applicable. Provision for supply of goods to Job worker 1. Registered Person [herein after referred as Principal] send any goods

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ability of input and or capital goods shall be of Principal. 3. Where the inputs sent for job work are not return to principal after job work or otherwise within period of one year being sent out , it shall be treated as supply to job worker on the day of input sent for job work. 4. Where the capital goods other than mould and dies, jigs and fixture or tool, sent for job work are not return to principal after job work or otherwise within period of three year of being sent out , it shall be treated as supply to job worker on the day of capital goods sent for job work. 5. Job worker may supply the waste or scrap generated from job work directly from his place of business on payment of taxes, if he is registered, otherwise by principal, if job worker is not registered. Related Provisions Section Particulars Remarks Sec. 2[68] Definition Undertaking any treatment or process Sec. 19 Taking ITC In respect of Input or capital Goods ITC shall be allowed as prescribed Sec. 22 Explanation (ii) R

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or non taxable goods. Disclaimer : The contents of this article are solely for information and knowledge and does not constitute any professional advice or recommendation. Author does not accept any liability for any loss or damage of any kind arising out of this information set out in the article and any action taken based thereon. About the Author: Author is practicing chartered accountant in Gurgaon and having specialization in Service Tax and Haryana VAT. He can be reached at sanjeev.singhal@skaca.in. WWW. skaca.in – Reply By JAYARAMAN RAMAMURTHY – The Reply = Sir, kindly clarify;whether ITC is available if physical movement of the tools/ dies is not taking place ie the component supplier who makes his own tools (paid by his customer) in his own premiss and makes components out of the tools to his customer.ex; A is the OE manufacturer – gets his components from B (his vendor). A pays for the tools to B for the manufacture of the components. the tools are manufactured and kept in B

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DGFT – Trade Notice: 08/2018 – Dated:- 8-6-2017 – GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT OF COMMERCE DIRECTORATE GENERAL OF FOREIGN TRADE UDYOG BHAWAN, NEW DELHI Trade Notice: 08/2018 Dated the 8th June 2017 To, All Regional Offices of DGFT Members of Trade Subject: Constitution of GST Facilitation Cell – reg. To ensure smooth and successful rollout of GST w.e.f. 1st July 2017, the likely date of implementation of GST, it is decided to constitute a 'GST Facilitat

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Goods and Services Tax – Started By: – arun aggarwal – Dated:- 7-6-2017 Last Replied Date:- 8-6-2017 – SirI am a manufacturer ragistered dealerwith the arrival of the rates of GST, a strange position has occuredThe GST rates are much lower than Excise rates prevailing todayPls advice the treatment of the input balance at the the time of sale under GST of the finished goods stocks , as that can never be adjusted if I carry forward the input even indefinately.Arun – Reply By MARIAPPAN GOVINDARAJA

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TRANS 03B – Final Rules (Draft) – Forms – Issue of Credit Transfer Document to be inserted in the CENVAT Credit Rules, 2004 – TRANS 03B – TRANS 3B 1 Documents to be maintained by the dealer availing credit on CTDs S. No. CTD No. Invoices no. against which CTD has been issued Months in which these clearances were made against the invoice GSTIN Nos of all the intermediate buyers and sellers through whom the goods have passed. Value of Goods . Central Excise duty paid on them. – Statutory Provisio

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TRANS 03A – Final Rules (Draft) – Forms – Issue of Credit Transfer Document to be inserted in the CENVAT Credit Rules, 2004 – TRANS 03A – TRANS 3A 1 Documents to be maintained by the manufacturer issuing CTDs S. No. CTD No. Invoices no. against which CTD has been issued Invoice date Months in which these clearances were made against the invoices GSTIN Nos of all the intermediate buyers and sellers through whom the goods have passed. Value of Goods . Central Excise duty paid. Conditions : Copy o

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TRANS 03 – Final Rules (Draft) – Forms – Issue of Credit Transfer Document to be inserted in the CENVAT Credit Rules, 2004 – TRANS 03 – Incorporate in TRANS 3 1 To be filed by manufacturer issuing CTDs S. No. GSTIN of the dealer whom CTD is issued Total No. of CTDs issued No. of invoices against which CTDs have been issued Total quantity for which CTD issued Total value of Goods for which CTDs have been issued Central Excise duty paid on such goods. 2 To be filed by dealer availing Credit on CT

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Rule 1 – Final Rules (Draft) – Issue of Credit Transfer Document – Issue of Credit Transfer Document to be inserted in the CENVAT Credit Rules, 2004 – Rule 1 – Draft Rule for issue of Credit Transfer Document to be inserted in the CENVAT Credit Rules, 2004 for transfer of cenvat credit paid on specified goods available with a trader as on appointed date A.(1) A manufacturer who was registered under Central Excise Act, 1944 (hereafter referred as manufacturer in this rule) may issue a document called Credit Transfer Document to evidence payment of duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985, paid on goods manufactured and cleared by him before the date on which CGST Act, 2017 comes into force, under

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ocument shall be serially numbered and shall contain the Central Excise registration number, address of the concerned Central Excise Division, name, address and GSTIN number of the person to whom it is issued, description, classification, invoice number with date of removal, mode of transport and vehicle registration number, rate of duty, quantity, value and duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985 paid thereon. (iv) The manufacturer is satisfied that the dealer to whom Credit Transfer Document is issued is in possession of such manufactured goods in the form in which it was cleared by him. (v) Credit Transfer Document shall be issued within 30 days of the appointed date on which CGST Act, 2017 c

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f Credit Transfer Document shall , at the time of making supply of such goods, mention the corresponding Credit Transfer Document number in the invoice issued by him under section 31 of the CGST Act, 2017. (2) Where a manufacturer issues a Credit Transfer Document such that credit of central tax is availed twice on the same goods under the provisions of CGST Act, 2017 and the rules made thereunder, he shall be jointly and severally responsible for excess credit availed by the dealer and provisions for recovery of credit, interest and penalty under the CENVAT Credit Rules, 2004 shall apply mutatis-mutandis on such manufacturer. (3) A manufacturer issuing a Credit Transfer Document shall submit details thereof in table 1 of TRANS 3 on common

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Goods and Services Tax – GST – Dated:- 7-6-2017 – The Central Government in the last three General Budgets viz 2015-16, 2016-17 and 2017-18 has gradually abolished various cesses on goods and services in order to prepare the ground for smooth roll- out of Goods and Service Tax (GST) from 1st July, 2017. The Central Government has taken this step in stages by abolishing various cesses so that it is easier to fit in various goods and services in different tax slabs for GST. The Central Government in its General Budget 2015-16 had abolished Education Cess, including Secondary and Higher Education Cess on taxable services, and exempted Education Cess on excisable goods as well as Secondary and Higher Education Cess on excisable goods. In its G

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Regulation) Act 1951 – Cess on Automobile iii) The Tea Act 1953 – Cess on Tea iv) The Coal Mines (Conservation and Development) Act, 1974 – Cess on Coal v) The Beedi Workers Welfare Cess Act 1971 – Cess on Beedis vi) The Water (Prevention and Control of Pollution) Cess Act 1977 – Cess levied on Water consumed by certain industries and by local authorities. vii) The Sugar Cess Act 1982, the Sugar Development Fund Act 1982 – Cess on Sugar viii) The Jute Manufacturers Cess Act 1983 – Cess on Jute Goods manufactured or produced or in part of Jute. ix) The Finance (2) Act 2004 – Education Cess on Excisable Goods x) The Finance Act, 2007 – Secondary and Higher Education Cess on Excisable Goods xi) The Finance Act 2010 – Clean Energy Cess xii) The

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Details of inputs held on stock on appointment date in respect of which he is not in possession of any invoice/ document evidencing payment of tax carried forward to Electronic Credit ledger. – GST TR

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Transitional ITC/Stock Statement – GST TRN-01 – Final Rules (Draft) – Forms – GST – TRANSITIONAL PROVISIONS – Final Draft Rules 04-06-2017 – GST TRN-01 – Form GST TRN-1 – Statutory Provisions, Acts, Rules, Regulations, Taxation

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Recovery of credit wrongly availed – Rule 5 – Final Rules (Draft) – TRANSITIONAL PROVISIONS – GST – TRANSITIONAL PROVISIONS – Final Draft Rules 04-06-2017 – Rule 5 – 5. Recovery of credit wrongly avai

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Goods and Services Tax – GST – Dated:- 7-6-2017 – A.(1) A manufacturer who was registered under Central Excise Act, 1944 (hereafter referred as manufacturer in this rule) may issue a document called Credit Transfer Document to evidence payment of duty of excise specified in the First Schedule to the Central Excise Tariff Act, 1985, paid on goods manufactured and cleared by him before the date on which CGST Act, 2017 comes into force, under the cover of an invoice issued to a person who was not registered under the Central Excise Act, 1944 but is registered under the provisions of CGST Act, 2017 (hereafter referred to as dealer in this rule), subject to following limitations, conditions and procedures to be followed – (i) The value of such goods in higher than rupees twenty five thousand per piece, bears the brand name of the manufacturer or the principal manufacturer and are identifiable as a distinct number such as chassis / engine no. of a car. (ii) Verifiable records of clearance a

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hall be enclosed with the Credit Transfer Document. (vi) Copies of all invoices relating to buying and selling from manufacturer to the dealer, through intermediate dealers, is maintained by the dealer availing credit using CTDs. (vii) CTD shall not be issued in favour of a dealer to whom invoice was issued for the same goods before the appointed date. (viii) A dealer availing credit using Credit Transfer Document on manufactured goods shall not be eligible to avail credit under provision of rule 1(4) of Transition Rules made under CGST Act, 2017 on identical goods manufactured by the same manufacturer available in the stock of the dealer. (ix) The dealer availing credit on the basis of Credit Transfer Document shall , at the time of making supply of such goods, mention the corresponding Credit Transfer Document number in the invoice issued by him under section 31 of the CGST Act, 2017. (2) Where a manufacturer issues a Credit Transfer Document such that credit of central tax is availe

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and. [Note: Rule 9 of the CENVAT Credit Rules, 2004 shall be also amended to include Credit Transfer Document in the list of documents using which credit can be availed subject to the condition that such Credit Transfer Document is issued after the appointed date and within thirty days of the appointed date ] Incorporate in TRANS 3 1 To be filed by manufacturer issuing CTDs S. No. GSTIN of the dealer whom CTD is issued Total No. of CTDs issued No. of invoices against which CTDs have been issued Total quantity for which CTD issued Total value of Goods for which CTDs have been issued Central Excise duty paid on such goods. 2 To be filed by dealer availing Credit on CTD. S. No. GSTIN of the dealer issuing CTDs Total No. of CTD received No. of invoices against which CTDs have been issued Total quantity for which CTD issued Total value of Goods for which CTD has been issued Central Excise duty paid on such goods. TRANS 3A 1 Documents to be maintained by the manufacturer issuing CTDs S. No.

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Goods and Services Tax – Started By: – arun aggarwal – Dated:- 7-6-2017 Last Replied Date:- 7-6-2017 – SirI am an exporter duely registered with excise as a manufacturer and taking cenvat on my purchases,as I am exporting my products under bond without using the cenvat, resulting accumlated cenvat in my books.now after GST can I carry the same as input credit and to be used as payment of GSTor I will get the refund under GST of the sameor should I take the refund under rule 5 from excise before

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