Question 3 - A registered person, say, purchases capital goods under the existing law (Central Excise) in the June quarter of 2017-18. Though the invoice has been received within 30th June but the capital goods are received on 5th July, 2017 (i.e. in GST regime). Will such a person get full credit of CENVAT in GST regime?
Transitional CENVAT credit available when the credit was admissible under prior law and CGST transitional provision. A taxpayer who received an invoice for capital goods under Central Excise before the GST commencement but received the goods after GST will be entitled to credit in the GST regime provided such credit was admissible as CENVAT under the prior law and is admissible under the CGST transitional provision (section 140(2)).
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 available when the credit was admissible under prior law and CGST transitional provision.
A taxpayer who received an invoice for capital goods under Central Excise before the GST commencement but received the goods after GST will be entitled to credit in the GST regime provided such credit was admissible as CENVAT under the prior law and is admissible under the CGST transitional provision (section 140(2)).
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.