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Whether due date for submission of GST TRANS-1 is really extended?

Published: Sep 23, 2017

SEPTEMBER 23, 2017

By CA Naresh Sheth & CA Parag Mehta

THE Government has issued Order Number 03/2017 dated 21.09.2017 extending the time for submitting GST TRANS-1. The general impression is created that the time limit for submission of GST TRANS-1 for all transition provisions is extended to 31st October, 2017. Is it really so?

This order applies only to transitional provisions covered under Rule 117 of CGST Act which covers only Tax or Duty carried forward under any existing law or on goods held in stock on appointed day.

Following rules are not covered under above referred order. The Commissioner is not expressly empowered to extend due dates for transition provisions covered under these rules. Hence it appears that there is no extension for filing of GST TRANS-1 covering following transitional Rules.

Rule

Transitional Provisions

118

Declaration to be made u/s 142(11)( c )  - Affecting builders and developers

119

Declaration of stock held by a principal and agent

120

Details of goods sent on approval basis

The assesse having above referred transactions will have to submit GST TRANS -1 form on or before 28th September, 2017 wherein even details of Tax or Duty carried forward under any existing law or on goods held in stock on appointed day needs to be submitted. For builders and developers, the due date for submission of GST TRANS-1 would be 28th September, 2017 only as most of them will have transitional credit u/s 142(11)(c).

Is this in consonance with government's intention to provide time upto 31st October, 2017 to all assesses for submission of GST TRANS -1 in a true and correct manner? It seems Order Number 03/2017 dated 21.09.2017 does not grant the relief sought by the trade and industry.

Should the trade and industry wait for another order regularising the above referred anomaly?

(The views expressed are strictly personal)

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