1. GST Trans-1

2. Transitional Credit
Section 140(1) – ITC as per returns
A registered person, (other than composition dealer)
Carry forward
CC as per the return of 30 June, furnished under existing law
VAT / ET as per the return of 30 June, furnished within 90 days from 1 July 2017.

3. Transitional Credit Conditions
Section 140(1) – ITC as per returns
Conditions
Credit should also be admissible as ITC under the CGST / SGST; and
Furnished all the returns required under the existing law
For the period of 6 months preceding 1 July 2017; and
The CC should not relate to finished goods already cleared under existing law under certain exemption notification to be specified.

4. Transitional Credit
Rule 117(1) of WBSGST Rule, 2017 in context of Section 140(1) of SGST Act, 2017
A declaration electronically in FORM GST TRAN-1, duly signed
Within 90 days from 1 July 2017
Specifying therein, separately, the amount of ITC
Value / Value of declarations of claims under various Forms of the State
Serial No of forms

6. To be filed to claim ITC on
To be filed by
Remarks
Those taxes which are shown as carried forward in the last return filed.
This Part is to be filed in respect of only those taxes for which the dealer is registered under existing laws. (eg. VAT/Excise/Service Tax etc.)
All Persons registered under GST (EXCEPT Composition dealers under GST laws.)
This Part is NOT to be filed in respect of unavailed tax credit of Capital Goods which is not shown in last return filed. (Use Part‐B for this)

7. Amount of tax credit carried forward in the return filed under existing laws:
Amount of CENVAT credit c/f to e-credit ledger as central tax (Section 140(1) and Section 140(4)(a))

8. Details of statutory forms received for which credit is being carried forward Period: 1st Apr 2015 to 30th June 2017

9. (c) Amount of tax credit c/f to e-credit ledger as State/UT Tax(For all registrations on the same PAN and in the same State)
VAT/ET registration

10. Transitional Issues
Section 140(2) – Capital Goods
A registered person, (other than composition dealer)
take, unavailed CC/IC, not carried forward as per the last return
Condition
CC/IC was admissible under the existing law; and
Also admissible as ITC under this Act.
Rule 2 of TR
Specify separately the particulars in respect of every item of capital goods.

11. To be filed to claim ITC on
To be filed by
Remarks
This Part is to be filed in respect of
unavailed tax credit of Capital Goods which is not claimed in last return filed.
All Persons registered under GST (EXCEPT Composition dealers under GST laws.)
This Part is to be filed in respect of only those taxes for which the dealer is registered under existing laws. (eg. Excise/Service Tax/VAT etc.)

12. Transitional Issues Section 140(3) – Inputs in Stock
Eligible persons - A registered person,
who was not liable to be registered under the existing law; or
who was engaged in the manufacture of exempted goods; or
who was engaged in the sale of EG / tax free goods under the existing law but which are liable to tax under this Act; or
entitled to the credit of input tax at the time of sale of goods; or
who was engaged in the provision of exempted services;
or who was providing WCS and was availing Noti 26/2012; or
a FSD; or
a SSD; or
a registered importer; or
a depot of a manufacturer.

13. Transitional Issues Inputs held in stock and
Section 140(3) – Inputs in Stock
Inputs held in stock and
Inputs contained in semi-finished or
Inputs contained in finished goods

14. Transitional Issues
Section 140(3) – Inputs in Stock
Credit of eligible duties/taxes in respect of stock of as on 1 July 2017
AED (GSI) Act, 1957
CVD under 3(1);
CVD under 3(5);
AED (TTA)
BED
SED
VAT ET

15. Transitional Issues Conditions - General
Section 140(3) – Inputs in Stock
Conditions - General
Inputs / Goods should be used for taxable supplies;
Registered person is eligible for ITC on such inputs under GST;
Possession of Inv / other documents evidencing payment of duty/tax;
Such Inv / other documents were issued within 12 months prior to 1 July 2017; and
The supplier of services is not eligible for any abatement under GST.

16. Output tax of sale of goods under GST
Transitional Issues
Section 140(3) – Inputs in Stock
Deemed credit in respect of inputs where duty paying document is not available in case of a dealer
Sl. No
Output tax of sale of goods under GST
Deemed credit
On GSTN 1
≥ 9% CGST
60% of the CGST
After CGST has been paid 2
< 9% of CGST
40% of the CGST 3
≥ 9% IGST
30% of the IGST
After IGST has been paid 4
< 9% of IGST
20% of the IGST 5
Similar deemed ITC where VAT was paid at first point on inputs.

17. Transitional Issues Conditions – Deemed Credit
Section 140(3) – Inputs in Stock
Conditions – Deemed Credit
The dealer was not registered under existing laws;
BED / CVD 3(1) should be leviable on the Inputs or
The Inputs should have suffered VAT at first point;
Should not be Exempt / Nil rated;
Purchase document is available;
Scheme is operative till 31 December 2017;
Statement in FORM GST TRAN 2 at the end of each of the six tax periods;
Inputs are so stored that it can be easily identified;
Deemed credit shall be subject to anti profiteering clause.

18. To be filed to claim ITC on
To be filed by
Remarks
This Part is to be filed all by Persons registered under GST laws, who were:
**not liable to be registered under the existing law; or
**exclusively engaged in the manufacture of exempted goods ; or
**exclusively engaged in the provision of exempted services; or.
**providing works contract service and was availing of the benefit of service tax notification
No. 26/2012; or**first stage dealer; or **second stage dealer; or **registered importer; or **depot of a manufacturer; or **exclusively engaged in the supply of exempted goods (SGST Act) i.e. persons who were not eligible to claim ITC in respect of their inputs under one or the other existing laws .

19. Details of Credit to be claimed on input/input services received on or after 1st July’ 2017 but the duty/tax was paid by the supplier as per existing law.

20. Transitional Issues But liable to GST A registered person
Section 140(4) – Exempted becomes taxable under GST
A registered person
Engaged in manufacture or EG and TG; or
But liable to GST
Engaged in provision of ES and TS
Take ITC
Of CC as reflected in the return in terms of section 140(1) for TG/TS;
CC of inputs in stock / in semi-finished or in finished goods
in stock on relating to such EG / ES, as per section 140(3).

21. Transitional Issues in stock on 1.7.2017
Section 140(6) – Composition scheme to Regular scheme
A registered person, who was either paying
tax at a fixed rate or
a fixed amount
take, credit of eligible duties in respect of
inputs held in stock and
inputs contained in semi-finished or
inputs contained in finished goods
in stock on
Statement to be furnished containing the prescribed details

23. Transitional Issues Conditions Rule 117(4)(a) of WB SGST Rules, 2017:
A registered person, holding stock of goods which have suffered tax at the first point of their sale in the State and the subsequent sales of which are not subject to tax in the State availing credit in accordance with the proviso to section 140 (3) shall be allowed to avail ITC on goods held in stock on the appointed day in respect of which he is not in possession of any document evidencing payment of VAT.
Conditions
(b) Such credit of State tax shall be availed subject to satisfying the following conditions, namely:-
such goods were not wholly exempt from tax under the West Bengal Value Added Tax Act, 2003;
the document for procurement of such goods is available with the registered person;
the registered person availing of this scheme and having furnished the details of stock held by him in accordance with the provisions of clause (b) of sub-rule (2) of rule 1, submits a statement in

24. Details of Credit of tax to be claimed on input which had suffered single point VAT.

25. Transitional Issues existing law Centralised registration
Section 140(8) – Centralised registration under existing law
existing law
Centralised registration
Carry forward
CC as per the return of 30 June, furnished under existing law
CC is admissible as ITC under this Act.
Such ITC may be transferred
to any of the registered persons having the same PAN
for which the centralised registration was obtained under the existing law.

26. Transitional Issues
Section 140(8) – Centralised registration under existing law
Condition
Return upto if filed by ;
Return is either an original return or
a revised return where the credit has been reduced from that claimed earlier;
The credit has been reduced from that claimed earlier.

27. To be filed to claim ITC on
To be filed by
Remarks
Cenvat Credit by person having Centralised registration
Who are claiming Cenvat credit held under centralised registration of existing laws as on the appointed day.

28. Transitional Issues Tax was paid on any supply Both under VAT and ST,
Section 142(11)(c)– Progressive or periodic supply of goods or services
Tax was paid on any supply
Both under VAT and ST,
Tax shall be leviable under GST to the extent of supplies made after
AND
The taxable person shall be entitled
to take credit of VAT/ ST paid under the existing law and
such credit shall be calculated in such manner as may be prescribed.
Within 3 months from the date of IBC in terms of CCR 4(7)

29. To be filed to claim ITC on
To be filed by
Remarks
Tax paid on advance received for Composite Supply under existing law. (Only VAT + Service Tax)
To be filed by supplier of Goods AND Services

30. To be filed to claim ITC on
To be filed by
Remarks
Statement of goods including Capital goods lying with job worker as on appointed day.
To be filed by both Principal and Jobworker.

32. To be filed to claim ITC on
To be filed by
Remarks
Statement of goods including Capital goods lying with agent as on appointed day. (only SGST)
To be filed by both Principal and Agent

33. To be filed to claim ITC on
To be filed by
Remarks
Statement of goods including Capital goods lying with agent as on appointed day. (only SGST)
To be filed by both Principal and Agent

35. To be filed to claim ITC on
To be filed by
Remarks
Goods sent on approval or return as on appointed day.
To be filed by supplier of Goods

36. Thank you CA. P.D. RUNGTA M.Com., LL.B., ACMA., FCA., DISA(ICAI)
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