Input tax credit

[Ashwin Bhalakiya]

Dear Sir

My friend company having Two GST Number, one branch in west Bengal and another in state of Tamilnadu. Raw material is procured at Tamilnadu, which in turn transfer the goods to West Bengal branch for manufacturing , now they stopped purchasing from Tamilnadu and procuring goods from 3rd party from this year , but there is unutilized input is pending in Tamilnadu of previous year, to transfer the unutilized ITC to West Bengal they plan to give one rate difference Debit note to West Bengal Branch dated 31st march.

My friend Question is

1 whether issuing debit note for rate difference is correct as per the GST law.

2 At what valuation/Profit they can transfer goods from Tamilnadu to West Bengal. Because during the year Tamilnadu has supplied goods at cost.

3 The ITC has remained pending because certain party/Govt not filed their Return on time.

4 Please suggest what documentation is required for raising debit note.

AI Summary

Input tax credit transfer risks: issuing debit notes to shift inter branch ITC may invite recovery with interest and penalty.
Debit notes are intended where an original invoice understated taxable value or tax; issuing a debit note solely to transfer unutilized input tax credit between branches invoiced at cost is not supported by that mechanism and may invite recovery with interest and penalty. Practical alternatives include prospective billing arrangements or intra-company invoicing at an agreed valuation, while ensuring valid tax invoices and contemporaneous commercial documentation if adjustments are legitimately required.