Chapter XIV Transitional Provisions

1. 117.       Tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day. – (1) 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 1[ *****], 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:

Provided that in the case of a claim under sub-section (1) of section 140, the application shall specify separately—

• the value of claims under section 3, sub-section (3) of section 5, sections 6 and 6A and sub-section (8) of section 8 of the Central Sales Tax Act, 1956 made by the applicant; and
• the serial number and value of declarations in Forms C or F and certificates in Forms E or H or Form I specified in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957 submitted by the applicant in support of the claims referred to in sub-clause (i);

2[(1A) Notwithstanding anything contained in sub-rule (1), the Commissioner may, on the recommendations of the Council, extend the date for submitting the declaration electronically in FORM GST TRAN-1 by a further period not beyond 3[31st March, 2020], in respect of registered persons who could not submit the said declaration by the due

1 These words, figures and letters were inserted by Notification No. MGST-1017/C.R.107/Taxatiion-1, (Notification No. 15/2017, Third Amendment-2017), dated the 4 th July 2017, (w.e.f. 1 st July 2017) and again deleted by Notification No. MGST-1017/C.R.148/Taxation-1, (Notification No.25/2017, Sixth Amendment-2017), dated 30th August, 2017, (w.e.f. 1st July 2017). Prior to deletion these words read as under:

“of eligible duties and taxes, as defined in Explanation 2 to section 140”

2 This sub-rule was inserted by Notification No. GST. 1018/C.R.87/Taxation-1, (Notification No. 48/2018, Ninth Amendment-2018), dated the 18 th September 2018, (w.e.f. 10th September 2018).

3 These figures, letters and word were substituted for the figures, letters and word “31st March, 2019” by Notification No. GST. 1019/C.R.120/Taxation-1, (Notification No. 49/2019, Sixth Amendment-2019), dated the 10th October 2019, (w.e.f. 9th October 2019) and again these figures, letter and word “31st December 2019” were substituted by Notification No. GST-1020/C.R.5/Taxation-1, (Notification No.2/2020, First Amendment 2020) dated the 20th January 2020 .

date on account of technical difficulties on the common portal and in respect of whom the Council has made a recommendation for such extension.]

• Every declaration under sub-rule (1) shall-
  • in the case of a claim under sub-section (2) of section 140, specify separately the following particulars in respect of every item of capital goods as on the appointed day-
    • the amount of tax or duty availed or utilized by way of input tax credit under each of the existing laws till the appointed day; and
    • the amount of tax or duty yet to be availed or utilized by way of input tax credit under each of the existing laws till the appointed day;
  • in the case of a claim under sub-section (3) or clause (b) of sub­section (4) or sub-section (6) or sub-section (8) of section 140, specify separately the details of stock held on the appointed day;
  • in the case of a claim under sub-section (5) of section 140, furnish the following details, namely:—
    • the name of the supplier, serial number and date of issue of the invoice by the supplier or any document on the basis of which credit of input tax was admissible under the existing law;
    • the description and value of the goods or services;
    • the quantity in case of goods and the unit or unit quantity code thereof;
    • the amount of eligible taxes and duties or, as the case may be, the value added tax [or entry tax] charged by the supplier in respect of the goods or services; and
    • the date on which the receipt of goods or services is entered in the books of account of the recipient.

• The amount of credit specified in the application in FORM GST TRAN-1 shall be credited to the electronic credit ledger of the applicant maintained in FORM GST PMT-2 on the common portal.
• 118.          Declaration to be made under clause (c) of sub-section (11) of section 142.- “Every person to whom the provision of clause (c) of sub­section (11) of section 142 applies, shall within 1[ the period specified in rule 117 or such further period as extended by the Commissioner,] submit a declaration electronically in FORM GST TRAN-1 furnishing the amount of Value Added Tax that has been paid before the appointed day, on such supplies to which this provision is applicable and the amount of Tax Credit admissible thereon, which is to be carried forward.

Explanation- The amount of tax credit admissible shall be the amount calculated under sub-clause (ii) of clause (b) of sub-section (3B) of section 42 of the Maharashtra Value Added Tax Act, 2002.

2[119. Declaration of stock held by a principal and job-worker or agent. – Every person to whom the provisions of section 141 or sub­section (12) of section 142 apply shall, within 3[the period specified in rule 117 or such further period as extended by the Commissioner,] submit a declaration electronically in FORM GST TRAN-1, specifying therein, the stock of the inputs, semi-finished goods or finished goods, as applicable, held by him on the appointed day.]

1. 120.    Details of goods sent on approval basis.- Every person having sent goods on approval under the existing law and to whom sub-section

1. These words and figures was substituted for the words and figures “a period of ninety days from the appointed day” by Notification No. MGST-1017/C.R.178/Taxation-1, (Notification No.36/2017, Eighth Amendment-2017), dated 7th October, 2017, (w.e.f. 29 th September, 2017).

2 This rule was substituted by Notification No. MGST-1017/C.R.107/Taxatiion-1, (Notification No. 15/2017, Third

Amendment-2017), dated the 4 th July 2017, (w.e.f. 1 st July 2017). Prior to substitution this rule read as under –“119. Declaration of stock held by a principal and agent. – Every person to whom the provisions of sub-section 14

of section 142 apply shall, within ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1, specifying therein, the stock of the inputs, semi-finished goods or finished goods, as applicable, held by him on the appointed day.”

3 These words were substituted for the words and figures “ninety days of the appointed day” by Notification No. MGST-1017/C.R.178/Taxation-1, (Notification No.36/2017, Eighth Amendment-2017), dated 7th October, 2017, (w.e.f. 29 th September, 2017).

(12) of section 142 applies shall, within 1[ the period specified in rule 117 or such further period as extended by the Commissioner,] submit details of such goods sent on approval in FORM GST TRAN-1.

2[120A. 3[Revision of declaration in Form GST TRAN-1] – 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.]

1. 121.     Recovery of credit wrongly availed.- The amount credited under sub-rule (3) of rule 117 may be verified and proceedings under section 73 or, as the case may be, section 74 shall be initiated in respect of any credit wrongly availed, whether wholly or partly.

1 These words were substituted for the words and figures “ninety days of the appointed day” by Notification No. MGST-1017/C.R.178/Taxation-1, (Notification No.36/2017, Eighth Amendment-2017), dated 7th October, 2017, (w.e.f. 29 th September, 2017).

• This rule was inserted by Notification No. MGST-1017/C.R.166/Taxation-1, (Notification No. 34/2017, Seventh Amendment-2017), dated 21st September, 2017, (w.e.f. 19 th September, 2017).
• This marginal heading was inserted by Notification No. MGST-1017/C.R.178/Taxation-1, (Notification No. 36/2017, Eighth Amendment-2017), dated 7st October, 2017, (w.e.f. 29 th September, 2017).