TaxTMI 
TaxTMI 
Availing Trans Credit though not a migrated tax payer
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....vailing Trans Credit though not a migrated tax payer<br> Query (Issue) Started By: - Deepak Bubna Dated:- 9-4-2022 Last Reply Date:- 19-4-2022 Goods and Services Tax - GST<br>Got 6 Replies<br>GST<br>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 return....
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....s (VAT/Service Tax returns) are in order and were filed within due date. Reply By Ganeshan Kalyani: The Reply: Transitional credit is allowed for the taxpayer who were registered in earlier tax regime. If you were registered then you would have migrated to this regime. One of the condition is that all six months return in pre-gst time should have been filed. Reply By KASTURI SETHI: The Reply: ....
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.... Cannot be denied. You were registered in pre-GST era.One of my clients was automatically migrated. Initially, all those who were registered in pre-GST era were automatically migrated and there was time limit to apply for anew registration in GST regime. I support the reply of Sh.Ganeshan Kalyani Ji. Reply By Deepak Bubna: The Reply: Thank you all for your responses. In present case, the tax pay....
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....er was not migrated automatically and he obtained registration by himself , though on 17th Augusty 17. He was only registered under Service Tax and not under VAT Act. Reply By Shilpi Jain: The Reply: Taking a fresh registration under gst and not migrating from the existing service tax registration, at the most can only be a procedural lapse. There are high court decisions which state that proced....
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....ural lapse should not deny carry forward of an eligible credit from the earlier regime. you would be eligible and there is a good chance even if the department disputes Reply By Ganeshan Kalyani: The Reply: Yes the credit is eligible. I agree with the view of the experts. Reply By Deepak Bubna: The Reply: Appreciate with thanks time taken out by you all and sharing your views.<br> Discussion ....
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