UNAVAILED CENVAT CREDIT

[SANJEEV JADHAV]

Dear Sir, We manufacturer of Alloy Steel and Stainless Steel castings. Earlier we registered with Central Excise and Service Tax and recently migrated in GST. We have submitted our ER-1 and ST-3 return on due date. We have missed to take Cenvat credit of some of the invoices of March to June 2017 (Excise and Service Tax Credit). Can Cenvat credit of all missing invoices will be eligible in GST TRAN-1 ?

Also we have deposited Service tax amount of June 2017 during August 2017 under RCM. Can we file Refund application for RCM amount ? Hoping your kind suggestion in this regard.

[KASTURI SETHI]

Refund is not allowed. You will not lose your credit due to non-filing of TRANS 1. You may contact your jurisdictional Range Officer in this context.

[Vamsi Krishna]

You can revise your service tax/excise return to add the missing invoice credits since you have not filed Tran-1.

After revising the return with the missing invoices being considered, you can file Trans-1 before 28th Sep'17 and carry forward the same to GST regime.

[Ganeshan Kalyani]

I agree with the practical suggestion to the query.

[Himansu Sekhar]

Revision of er1 return is over. But you can revise service tax return. Refund of RCM credit is not possible.

[SHIVKUMAR SHARMA]

you have no benefit to revised the service tax return alone because you are the manufacturer & have to shown the service tax credit in ER-1 Only.As on date you can not file Revised ER-1.

AI Summary

Unavailed cenvat credit: revise pre-GST excise and service returns and file TRAN form to carry forward; RCM refund barred. Missed Cenvat credit from pre-GST invoices can be carried forward by revising legacy excise/service returns to include omitted invoices and then declaring those credits in the transitional filing, subject to whether the migration return (ER-1) can still be revised. Payments under the reverse charge mechanism are regarded as not refundable; taxpayers should coordinate legacy return revision and the ability to revise the migration return before migration closes.