Question 2 - A registered taxable person say, purchases capital goods in the last quarter of 2016-17. Though the invoice is received within 31st March but the capital goods are received on 5th April, 2017 (i.e. in GST regime). Will such a person get full credit of CENVAT in 2017-18?
FAQ on GST dated 21.9.2016 based on Draft Model GST Chapter 24 Transitional Provisions
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Transitional CENVAT credit entitlement allows full credit where invoice issued pre GST but goods received post GST commencement. A transitional rule allows a registered taxable person to claim full CENVAT credit in the GST year where an invoice was issued before the transition cutoff but capital goods were received after commencement of the GST regime; the statutory explanation implementing the transitional provision expressly authorises such full credit in the subsequent GST year.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Transitional CENVAT credit entitlement allows full credit where invoice issued pre GST but goods received post GST commencement.
A transitional rule allows a registered taxable person to claim full CENVAT credit in the GST year where an invoice was issued before the transition cutoff but capital goods were received after commencement of the GST regime; the statutory explanation implementing the transitional provision expressly authorises such full credit in the subsequent GST year.
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