• Input tax credit of goods in case of gst

Hi Friends, 
I have One Query Regarding ISD Credit, I have Provide Works Contract Service, I have taken GST Registration in MP under ISD instead of Regular Registration in Aug-17 month, Our HO in MH, and we are Providing Works Contract Service in “MP” and Purchase Material from Local Dealer in “MP”, Dealer has Updated Our ISD GSTN No in GSTR 1 Return instead of Regular Registration, at that time we are also not applied for Regular Registration in MP, Now I want Raised Invoice from MP Place, then I have taken Regular Registration in MP, Now How to take Input Credit in Regular Registration? Which is wrongly availed in ISD,  
Credit availed and Transfer through ISD GSTN number is available only for Service related, but I have Purchase Goods/Material, and ITC amount is too much.
1.	ISD Registration Date is Aug-17 month and MP Regular Registration Date is Feb-18. Can I transfer ISD Credit to MP Regular GSTN Number in Feb-18 Month??  If Not

2.	HO in MH Registrar under GST from Jul-17 Onward, So ISD Registration taken in Aug-17 in MP for Goods, Credit availed in Aug-17 in MP for Goods can I transfer to MH?? 

3.	If any other Remedy available If Reply?
Asked 6 years ago in GST

Hi,

Answers are as below:

1) Since you said that ITC is already availed (though wrongly) under ISD, now the same cannot be availed twice. As such you can avail benefits of regular registration including ITC only post Feb-18. Means ITC available after regular registration and taxable supplies after regular registration shall only be eligible. No ITC for previous invoices shall be allowed now.

2) If any invoices are for your HO which is MH and are dated before your regular registration, the same can be availed now. But the same has to be transferred on current date only from HO MH to MP and to be shown as consumption after that only. This I believe would not be possible.

3) The best remedy would be to utilize the ITC (if they are prior to regular registration date and in the name of your HO) to transfer the same in MP on current date and consume the same in MP from current date onward.

Regards,

Sunny Thakral
CA, Delhi
224 Answers
8 Consultations

5.0 on 5.0

Dear Sir,

ITC of goods can not be transferred from HO to branches. Please confirm my advice with two or three GST experts.If possible obtain credit note from suppliers and revised invoices in the name of MP branch which is registered under regular scheme.

Thanks

Vivek Kumar Arora
CA, Delhi
4825 Answers
1031 Consultations

5.0 on 5.0

1. . As per Section 2(61) of CGST Act, 2017 an ISD can receive only Services as input. Therefore, you can't transfer the credit to MP Regular registration from your ISD registration for the goods received

2. As per the same logic again big NO.

3. Request your supplier to amend the Invoice details furnished by him in his GSTR-1 and request him to furnish your regular GSTIN of MP in the Invoice and the date should also be after the date of regular registration in MP.

OR you can also request him to mention MH GSTIN in the Invoice so that you can take the credit in Maharashtra.

I hope the above resolves your query.

Brijendra Tripathi
CA, Lucknow
143 Answers
3 Consultations

5.0 on 5.0

A per my views transfer between HO and branches are not allowable.

Further It is advisable to visit consultancy firm having expertise in GST laws.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

1. No you can't. It's allowed only in case of services and not in goods.

2. No

3. You can ask your supplier to re-issue invoice in your regular registartion.

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

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Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

5.0 on 5.0

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