GST Update On Extension Of Time Limit For Submitting The Declaration In Form GST TRAN

GST Update On Extension Of Time Limit For Submitting The Declaration In Form GST TRAN – 1

There was some confusion regarding the due date of filing of transitional form GST TRAN-1. The said confusion has been created vide Order No. 02/2017- GST issued on 18th September, 2017. The language contained in this order reads as follows:-

“In exercise of the powers conferred by rule 120A of the Central Goods and Services Tax Rules, 2017 read with section 168 of the Central Goods and Services Tax Act, 2017, the Commissioner, on the recommendations of the Council, hereby extends the period for submitting the declaration in FORM GST TRAN-1 till 31st October, 2017.”

The simple reading of the highlighted portion of above order indicates that the period for submitting the declaration in form GST TRAN-1 has been extended till 31st October, 2017.
However, this order has been issued under Rule 120A of the CGST Rules, 2017, which has been inserted vide Notification No. 34/2017 – Central Tax dated 15.09.2017. This rule reads as follows

“Every registered person who has submitted a declaration electronically in FORM GST TRAN-1 within the time period specified in Rule 117, rule 118, rule 119 and rule 120 may revise such declaration once and submit the Revised declaration in FORM GST TRAN- 1 electronically on the common portal within the time period specified in the said rules or such further period as may be extended by the Commissioner in this behalf.”
Rule 117 of the CGST Rules, 2017 is read as follows:-

“Tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day.-
Every registered person entitled to take credit of input tax under section 140 shall, within ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1, duly signed, on the common portal specifying therein, separately, the amount of input tax credit of eligible duties and taxes, as defined in Explanation 2 to section 140, to which he is entitled under the provisions of the said section:
Provided that the Commissioner may, on the recommendations of the Council, extend the period of ninety days by a further period not exceeding ninety days.”

From the above it was concluded that the date of filing of ORIGINAL FORM GST TRAN 1 is 28th September, 2017 (i.e. 90 days from appointed date - 1st July, 2017). This order no. 2 dated 18.9.2017 did not make any change in this due date. It simply extended the due date of revision of form GST TRAN 1.
Now, yesterday, a new order no. 03/2017-GST dated 21.09.2017 has been issued to rectify the anomaly and extend the due date of filing of GST TRAN-1. This order reads as follows:-

“In exercise of the powers conferred by rule 117 of the Central Goods and Services Tax Rules, 2017 read with section 168 of the Central Goods and Services Tax Act, 2017, on the recommendations of the Council, the period for submitting the declaration in FORM GST TRAN-1 is extended till 31st October, 2017.”

From the above we can conclude that date of filing of ORIGINAL FORM GST TRAN 1 which is governed by Rule 117 of the CGST Rules has also been extended to 31st October, 2017. Thus, the anomalies created by order no. 2/2017-GST has been corrected by order no. 3/2017-GST.

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GST Update On Extension Of Time Limit For Submitting The Declaration In Form GST TRAN

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