Availing Trans Credit though not a migrated tax payer

[Deepak Bubna]

A tax payer has claimed Trans Credit though obtained registration under GST Act in August 17 and is not a migrated tax payer. Can his claim of carry forward such trans credit be denied ? All the returns (VAT/Service Tax returns) are in order and were filed within due date.

AI Summary

Taxpayer Eligible for GST Transitional Credit Despite Non-Migration and Procedural Lapses, Experts Affirm A taxpayer, who registered under the GST Act in August 2017 and was not automatically migrated from the previous tax regime, inquired about the eligibility to claim transitional credit. Despite not being a migrated taxpayer, all VAT and Service Tax returns were timely filed. Experts in the discussion affirmed that transitional credit should not be denied due to procedural lapses, referencing court decisions supporting this view. They concluded that the taxpayer is eligible for the credit, even if the department disputes the claim.