2018 (9) TMI 2014 - AAR - GST

Transfer of Input Tax Credit: Not Eligible for Advance Ruling

The Authority for Advance Ruling concluded that the applicant's query on transferring input tax credit from a common ledger to a separate unit did not ... Scope of Advance Ruling - Section 97(2) of the GST Act - Transfer of portion of Input Tax Credit belonging to Sandila Unit - Transfer of input tax credit belonging to an unit lying in common electronic credit ledger of one common U.P. registration opted for 7 units including the unit while migrating to the GST regime with effect from July, 2017 - HELD THAT:- The question for determination under the advance ruling does not come under the ambit of the specification as provided by the Section 97(2) of the GST Act on which Advance Ruling is being sought. Application dismissed. Issues:Transfer of input tax credit belonging to Sandila unit under the U.P. Industrial Investment Policy for claiming refund of U.P. GST component paid in cash.Analysis:The applicant, a registered assessee under GST, sought clarification on transferring input tax credit belonging to Sandila unit under the U.P. Industrial Investment Policy for claiming U.P. GST refund. The applicant operates multiple manufacturing plants in Uttar Pradesh, including Sandila unit established under the U.P. Industrial Investment Policy. The applicant faced challenges in transferring input tax credit from the common electronic credit ledger of all units to the separate registration of Sandila unit. The benefits under the U.P. Industrial Investment Policy included refund of 80% of VAT/CST and GST paid in cash, applicable for 15 years. However, the applicant's query did not fall under the specified categories for Advance Ruling under Section 97(2) of the GST Act.The Authority for Advance Ruling examined the applicant's query in light of Section 97(2) of the GST Act, which outlines the specific areas for Advance Ruling, such as classification of goods, determination of input tax credit admissibility, liability to pay tax, and registration requirements. The Authority noted that the applicant's query regarding transferring input tax credit did not align with the specified categories for Advance Ruling. Therefore, the Authority ruled that the question raised did not fall within the ambit of the GST Act's provisions for Advance Ruling.In conclusion, the Authority for Advance Ruling determined that the applicant's query regarding transferring input tax credit from the common electronic credit ledger to the separate registration of Sandila unit did not meet the criteria specified under the GST Act for seeking Advance Ruling. As a result, the Authority ruled that the question raised was not within the scope of Advance Ruling as per Section 97(2) of the GST Act.