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A major issue for GST-registered businesses is ensuring that they do not lose out on the former regime’s tax benefits and input credits. These taxes could have been paid on inputs, raw materials, semi-finished goods, finished goods, or materials sent to workers on the job. On July 30th, most enterprises will be able to claim these taxes as an input credit. It’s also critical to move these to the GST regime in order to reap the benefits. The CBEC has issued transition regulations and formats, which allow firms to transfer credit from the previous regime to the GST system. Now, let’s know more about TRAN 1 & TRAN 2 Format.
May 16th, 2020
The CBIC has announced that the requirements of section 128 of the Finance Act, 2020, would take effect on the 18th of May, 2020.
(Note: Section 128 of the Finance Act of 2020 gives effect to the amended section 140 of the Central Goods and Services Tax Act of 2017, which establishes the time restriction for claiming the Act’s transitional input tax credit.)
September 10th, 2018
TRAN-1 and TRAN-2 due dates have been extended to March 31, 2019, and April 30, 2019, respectively, for some taxpayers who were unable to complete filing owing to a technical problem. Previously, by notification dated March 28, 2018, the TRAN-02 form submission deadline was extended until June 30, 2018.
Any business with a closing stock before GST, whether registered or not, will be able to claim a credit for tax paid under the pre-GST regime. This ITC claim is also subject to a few criteria, which we shall go over later.
The CBEC has developed two transition forms, TRAN 1 and TRAN 2, to enable businesses to shift seamlessly and carry forward their input tax credit.
Form type | Who can file | Who cannot file | When to file |
TRAN 1 | Under the old regime, registered people might be registered or unregistered. | Those who register as composition dealers under the GST | 27th December 2017 ** |
TRAN 2 | Persons who are GST-registered but are not GST-registered or are under the old regime A dealer or broker who does not have duty-paid documentation | An excise-registered manufacturer A service provider who has paid the service tax. | Monthly from July 2017 to December 2017 |
Note: TRAN 1 can only be changed once. There are no more modifications that can be made after the correction.
Aspects of transition are primarily concerned with
Here’s a breakdown of the information needed in TRAN 1 by item.
a) Amount of cenvat credit carried over to the computerized credit ledger as central tax (Central Excise and Service Tax) Section 140(1) and Section 140(4) (a).
Applicable to a registered person who was registered under the old regime and filed returns under the old regime, excluding a person paying tax under the composition scheme. (The CGST Act, Section 140(1))
Under the prior regime, input credit relates to taxable supplies where the registered person provided/manufactured both taxable and exempted services/goods. (The CGST Act, Section 140(4)(a)).
The excise and service tax input credit amount reported in the return can be claimed by this person. If you are registered as a manufacturer or a service provider and have a closing balance of CENVAT credit in your return for the period ending June 30, 2017, you must file this table of TRAN 1.
1st table input: serial number
Table input 2: Current law registration number (Central Excise and Service Tax) – enter your current law registration number for the central excise and service tax (both are unique 15 digit numbers)
Table input 3: Tax period for which the most recent return was filed under current legislation – provide the date range for your most recent return. For example, if you are an excise manufacturer, you must file ER-1 monthly and ER-3 quarterly. You must detail both of these returns filed in the previous six months in this section.
Table input 4: The date on which the return was filed, as provided in Table input 3. 3 – As previously said, provide the dates of the GST returns.
Table input 5: CENVAT balance carried forward from the previous return For each return, state the amount of CENVAT credit you have carried forward.
CENVAT credit allowed as ITC of central tax in accordance with transitional requirements (table input 6). Provide the amount of credit that you are eligible to carry forward from previous return forms.
b) Tax credit for C Forms, F Forms, and H/I Form that you desire to carry forward [this information must be submitted for the period April 1, 2015, to June 30, 2017].
Here’s a quick rundown of what these forms entail:
When an interstate sale is performed, a registered dealer (purchaser) issues a C Form to a registered seller. The Central Sales Tax (CST) is 2% on purchases made with a C form.
‘F Forms’ — These are used to make tax-free branch transfers. The branch office/consignment agent that receives goods as a branch/stock transfer issues an F Form to its head office/principal who is sending the goods. F forms are used by the head office/principal to establish that the goods sent are stock/branch transfers and not sales.
‘H/I Forms’ – utilized in the case of exports for purchases made locally without paying tax. When the buyer is an exporter, this form is used to make interstate purchases for export. The seller is not required to charge or pay any CST on the transaction if the exporter/buyer provides an H form.
Provide the following information for each of these forms: Name of Issuer Serial Number of Form Amount Applicable VAT TIN of Issuer Rate
c) State/UT Tax Credit for Pending C, F, and H/I Forms (For all registrations on the same PAN and in the same State) –
You must pay the differential tax if you are registered under any State VAT and have any outstanding C-Forms/F Forms/H or I Forms since you are not qualified to charge the concessionary CST rate. The difference in tax due will be deducted from the input tax credit balance in your most recent return, and the credit will be carried forward under the GST regime.
The following information must be provided:
This necessitates the disclosure of any capital goods input credit that has not been claimed. Taxes paid on capital goods are frequently credited over several financial years. If you were unable to fully claim your tax input credit by the 30th of June, you can claim the remaining portion by reporting here.
Section 140(2) of the CGST Act pertains to the carry forward of CENVAT credit for capital employed that was not carried forward in the prior regime’s return. If you brought a cenvat credit forward from a previous return, it will be included in 5a. above.
This information is required under sections 6a. and 6b. below.
a) The percentage of the unclaimed input tax credit on capital items that is subject to the Central Tax Amount of unavailed CENVAT credit for capital items that you want to carry forward to your electronic ledger as central tax (CENVAT, Excise, Countervailing Duty, or Special Additional Duty) (Central Taxes)
You must fill in the specifics of the unavailed cenvat credit of Excise Duty, SAD, or CVD of Capital goods in this table –
b) The percentage of the unclaimed input tax credit on capital items that are taxed by the state/UT Amount of unredeemed input tax credit carried over to the computerized credit ledger as State/UT tax (for all registrations with the same PAN and in the same state) – You must fill in the details of any unclaimed cenvat credit of VAT or Entry Tax (State/UT Tax) for capital items in this table –
A manufacturer or dealer who was previously unregistered and/or trading in exempted items might use this clause to receive an input tax credit. This section requests information on inputs kept as stocks. This section of TRAN-1 primarily pertains to a GST-registered firm, however
[Any of the above statements could be correct. These are based on the CGST Act’s Section 140(3).]
It also applies to someone who produces both taxable and exempt items or offers both taxable and exempt services. And there is a tax on stock/inputs that were used for exempted supplies under the previous regime but are now taxable under the GST.
[As per the CGST Act’s section 140(4)(b)] Also applicable to a person who was formerly registered as a composition dealer (paying a fixed rate or amount of tax) but is now a regularly registered taxpayer under the GST. When these conditions are met, all of the above-mentioned individuals can claim credit for eligible taxes paid on equities they own:
In a nutshell, these are those who owned stock on June 30, 2017, but were unable to claim credit for it through returns that were already specified in FORM GST TRAN -1, section 5a.b. or c. ( see above).
a) Claims for input credit other than those listed in 5a.
Provide the following HSN Unit Quantity Value (at the 6 digit level): Duties payable on such inputs that are eligible
Where duty-paid invoices or other papers are available to be filled for inputs or inputs contained in semi-finished and finished items by a manufacturer or service provider in order to claim an input tax credit of excise duty or service tax as an input tax credit of CGST, Part 7A is applicable.
Part 7B is only to be completed by individuals who are not manufacturers or service providers who were unregistered under the previous system – in other words, it is to be completed by dealers or traders to provide information on inputs in the absence of duty paid invoices or documentation. This person must also complete TRAN-2, which we will go over later.
b) Where records of tax payment are available, VAT and entrance tax paid on inputs or input services would be carried forward as SGST/UTGST:
When an input or input service is received on or after July 1, 2017, yet the supplier paid the duty or tax under the previous system. When an invoice is recorded in the books within 30 days of the 1st of July, a registered person can claim credit for relevant duties and taxes paid. (The Commissioner of GST has the authority to extend the period by another 30 days.) Section 140(5) of the CGST Act applies to this case, and the following information must be provided.
c) Amount of VAT and entry tax paid on inputs supported by invoices/documents proving tax payment carried forward to electronic credit ledger as SGST/UTGST under sections 140(3), 140(4)(b), and 140(4)(c) (6)
d) Stock of goods not backed up by invoices/documents proving tax payment (for only those states having VAT at a single point)
If you are a merchant or dealer who was unregistered under the old regime and does not have an invoice or other prescribed documentation demonstrating payment of VAT/Entry Tax that will be claimed as ITC of SGST after filing FORM GST TRAN – 2, you must fill out this section. This table cannot be filled by a manufacturer or a service provider. This also applies to states where VAT must be paid at a single location. (i.e., the maker or importer pays the tax) as in Punjab. Please provide the following information: Unit Quantity Value Tax Paid Description
This rule applies to the transfer of service tax input tax credits. The following information is necessary.
b) Employed as a laborer If you are a job worker, you must provide the Principal with information on the things you have on hand in 9 days (b) –
(i) The agent is GST-registered.
(ii) On June 30, 2017, both the principal and the agent shall declare the specifics of any stock of goods or capital goods held by the agent.
(iii) invoices for such products or capital goods were issued within the previous 12 months of July 1, 2017.
(iv) the principal has either reversed (where an input tax credit was claimed) or failed to claim the input tax credit for such goods or capital goods.
a) Information on the things you’re holding as an agent for If you are an agency, you must report information of unsold stock held on behalf of the Principal as of June 30, 2017, in Serial No 10 (a) –
b) The agent holds the goods sent as principal. If you are a principal, you must provide the details of the stock you provided to the agency and the stock that was unsold as of June 30, 2017, in Serial No 10 (b) –
This applies to items shipped on a pre-approval basis no early than 6 months prior to July 1, 2017. The following information is necessary –
Filing TRAN 2
A dealer or business who has registered for GST but was unregistered under the previous regime might complete Form TRAN – 2. TRAN -2 can be used by a dealer who does not have a VAT or excise invoice for stocks kept on June 30, 2017, to claim the tax credit on the stock. Form GST TRAN – 2 cannot be filed by a manufacturer or service provider. When stock is sold, a dealer or trader must complete a TRAN-2 at the end of each month, providing the information in order to collect input tax credit. He must fulfill the following requirements –
Details to be filled in TRAN 2
Stock held without a supporting document proving excise duty payment (Central Tax) If you do not have a document proving that you have paid Excise Duty, you must fill in the following information: In this section, you must provide the following information about the Stock:-
Under the pre-GST regime, the ITC for capital goods was not accessible to taxpayers in full during the purchase of such goods. If a registered person purchases capital goods but is unable to claim the full amount of tax paid at the time of purchase, the leftover ITC may be claimed under GST. Specify the following details for each capital good, invoice-by-invoice:
When a principal manufacturer sends products for job work to a job worker and those goods are still with the job worker on July 1st, it is considered a stock retained by the principal manufacturer for tax credit purposes. Both the major manufacturer and the job worker for items must file the information.
The following are the essential details to include in the form:
When a primary dealer or manufacturer sends his or her goods to an agent or consignment dealer for sale and the stock is still with the agent or consignment dealer on July 1st, it is considered a stock owned by the principal dealer or manufacturer for tax credit purposes. Both the principal dealer or manufacturer and the agency or consignment dealer for goods must file the information.
The following are the essential details to include in the form:
The tax paid on items purchased and held in closing stock as of the designated date will be credited to the registered person under GST. Credit will be permitted based on the rate of IGST, CGST, and SGST of the closing stock under GST according to the HSN code since it does not have an invoice or other papers demonstrating payment of taxes under the VAT Act, Central Excise. When a taxpayer sells items held as closing stock as of June 30, he must first pay the applicable taxes on the outward supply before being eligible for an ITC depending on the rate of tax paid on that outward supply.
Mr. Avinash, for example, has 1000 units of umbrellas in his closing stock as of June 30th. Now, on the 15th of July, he offers 100 umbrellas for Rs.100 each, with a 12 percent IGST.
Rs. 10,000/- is the taxable value. Rs. 1,200/- as a tax amount
Because the IGST rate is now less than 18%, ITC will be allowed at a rate of 20%. As a result, the ITC allowed will be 20% of Rs 1,200/-, or Rs 240/-.
From the designated date, i.e. July 2017 to December 2017, a registered person can claim ITC credit in the above manner for six tax periods. By the conclusion of the tax period, a statement indicating the details of the supply in Form TRAN 2 must be filed for each such period.
Conditions to be fulfilled to claim credit of Central Tax and State tax- Applicable in case of States offering Tax on MRP Scheme.
Read, also: Impact of GST on works contract
CGST Rules: Chapter 5 – Input Tax Credit