Question17:

I have further query, under Table 7(b) for Sec 140(5) in Tran-1, in respect of below matter we are also required to file the excise/ST registration number of the supplier. Since this is matter of reverse charge (egs manpower supply, legal service etc) the supplier is unregistered. Please suggest what to fill in the supplier registration column?

Answer: 

Table 7(b) if Trans -1 Form is relating migrating of credit covered under Section 140(5) of CGST Act, 2017. The said Section is reproduced below;

"(5) A registered person shall be entitled to take, in his electronic credit ledger, credit of eligible duties and taxes in respect of inputs or input services received on or after the appointed day but the duty or tax in respect of which has been paid by the supplier under the existing law, subject to the condition that the invoice or any other duty or tax paying document of the same was recorded in the books of accounts of such person within a period of thirty days from the appointed day"

The sub-section clearly lays that credit in respect of such inputs or input services can be carried forward i Trans-1 which have been received after the appointed date but the tax was paid under the old regimes of Central Excise/Service Tax. In your case both supply and payment of tax has taken place before the appointed date, hence, your case is nor covered under the said provision  for migrating the credit of tax paid under old regime. 

(Reply dt. 13/12/2017)