Cir 182 14 2022 CGST
Cir 182 14 2022 CGST
Cir 182 14 2022 CGST
182/14/2022-GST
F. No. CBIC-20021/04/2021-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing
****
New Delhi, Dated the 10th of November, 2022
To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners
/Commissioners of Central Tax (All)
Madam/Sir,
Subject: Guidelines for verifying the Transitional Credit in light of the order of the Hon’ble
Supreme Court in the Union of India vs. Filco Trade Centre Pvt. Ltd., SLP(C) No. 32709-
32710/2018, order dated 22.07.2022 & 02.09.2022-reg.
Attention is invited to the directions issued by the Hon’ble Supreme Court vide order dated
22.07.2022 in the matter of Union of India vs. Filco Trade Centre Pvt. Ltd., SLP(C) No. 32709-
32710/2018. The operative portion of the judgment is as follows:
“1. Goods and Service Tax Network (GSTN) is directed to open common portal for filing
concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two
months i.e. w.e.f. 01.09.2022 to 31.10.2022.
2. Considering the judgments of the High Courts on the then prevailing peculiar
circumstances, any aggrieved registered assessee is directed to file the relevant form or
revise the already filed form irrespective of whether the taxpayer has filed writ petition
before the High Court or whether the case of the taxpayer has been decided by Information
Technology Grievance Redressal Committee (ITGRC).
3. GSTN has to ensure that there are no technical glitch during the said time.
4. The concerned officers are given 90 days thereafter to verify the veracity of the
claim/transitional credit and pass appropriate orders thereon on merits after granting
appropriate reasonable opportunity to the parties concerned.
5. Thereafter, the allowed Transitional credit is to be reflected in the Electronic Credit
Ledger.
6. If required GST Council may also issue appropriate guidelines to the field formations in
scrutinizing the claims. The Special Leave Petitions are disposed of accordingly. Pending
applications, if any, also stand disposed of.”
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Circular No. 182/14/2022-GST
“The time for opening the GST Common Portal is extended for a further period of four
weeks from today.
It is clarified that all questions of law decided by the respective High Courts concerning
Section 140 of the Central Goods and Service Tax Act, 2017 read with the corresponding
Rule/Notification or direction are kept open.”
2. As is clear from the above, the Hon’ble Court has directed that the common portal be opened
for filing prescribed forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two
months from 01.10.2022 to 30.11.2022 for the aggrieved registered assessee (henceforth, referred as
‘applicant’). The Transitional Credit claimed by the applicant shall be credited in his electronic credit
ledger to the extent allowed by the jurisdictional tax officer through an order after carrying out
necessary verifications. As per the Hon’ble Court’s order, the said verification has to be carried out
within 90 days after completion of the above window of two months, i.e. within 90 days from
01.12.2022 i.e. up to 28.02.2023.
2.1 It is to be noted that while allowing the applicant to file/revise TRAN-1/TRAN-2 during this
window of 2 months, Hon’ble Supreme Court has kept all questions of law open.
2.2 It may be mentioned that Hon’ble Supreme Court has only allowed filing of TRAN 1/TRAN-
2 or revising the TRAN-1/TRAN-2 already filed by the applicant and has not allowed the
applicant to file revised returns under the existing laws.
3. Reference is also invited to the Board’s Circular No. 180/12/2022 dated 09.09.2022 vide
which guidelines have been issued for the applicants for filing new TRAN-1/TRAN-2 or revising the
already filed TRAN-1/TRAN-2 on the common portal.
4. To ensure uniformity in the implementation of the directions of the Hon’ble Supreme Court
across field formations, the Board, in exercise of its powers conferred by section 168 (1) of the
Central Goods and Services Tax Act, 2017 (hereinafter referred to as “CGST Act”), hereby issues
the following guidelines for verifying the Transitional Credit:
5.1 The jurisdictional tax officers can access the TRAN-1/TRAN-2 filed/revised by the applicant
on their back office systems (which is the CBIC-AIO portal for the central tax officers, the respective
State portal for MODEL-1 States and BO portal for MODEL 2 States). Further, a self-certified
downloaded copy of TRAN-1/TRAN-2 filed/revised by the applicant shall also be made available to
the jurisdictional tax officer by the said applicant as mentioned in Para 4.5 of Circular 180/12/2022
dated 09.09.2022.
5.2 The verification of the transitional credit shall be conducted by the jurisdictional tax officer
who will pass an appropriate order regarding the veracity of the claim filed by the applicant, based
on all the facts and the provisions of the law. In respect of TRAN-1/TRAN-2 filed/revised by the
applicant under the administrative control of the central tax authorities, such verification and
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Circular No. 182/14/2022-GST
issuance of order shall be done by the jurisdictional officer of central tax, whereas in respect of
TRAN-1/TRAN-2 filed/revised by the applicant under the administrative control of the state tax
authorities, the same shall be done by the jurisdictional officer of state tax. The jurisdictional tax
officer shall start the verification process immediately on availability of TRAN-1/TRAN-2
filed/revised by the applicant on the back office system or on receipt of self-certified downloaded
copy of the same from the applicant, whichever is earlier. It is needless to mention that principles of
natural justice shall be followed in the process of passing the order relating to allowance or
disallowance of the Transitional Credit.
5.3 The jurisdictional tax officer shall, on the basis of declaration made by the applicant in the
format specified in Annexure A to Circular no. 180/12/2022 dated 09.09.2022, and on the basis of
data available on the back office system, shall check whether the applicant had earlier filed TRAN-1/
TRAN-2 or not. In cases where TRAN-1/ TRAN-2 had already been filed by the applicant earlier,
the tax officer shall check whether there is any change from the earlier filed TRAN-1/TRAN-2 or
not. In case, there is no change from the earlier filed TRAN-1/ TRAN-2, then such claim of
transitional credit is liable for rejection by the tax officer, through a reasoned order, after providing
due reasonable opportunity to the applicant.
5.3.1 In other cases, the jurisdictional tax officer shall proceed for verification of claim of
transitional credit made by the applicant in FORM TRAN-1/TRAN-2. In this regard, in respect of
transitional credit pertaining to central tax, he may refer to the guidelines detailed in Annexure I to
this circular. In respect of verification of transitional credit pertaining to the State Tax/Union
territory Tax, the tax officer may refer to the guidelines issued by the relevant state/UT, if any.
5.3.2 There may be cases where the transitional credit claim filed/revised by the applicant may
have components of both central tax and state/UT tax. In such cases, where the applicant is under the
jurisdiction of central tax officer and where the transitional credit claimed has component of
state/Union Territory tax also, the jurisdictional central tax officer shall refer the said claim for
verification of component of state/UT tax to his counterpart state/UT tax officer. For this purpose, he
shall share the list of GSTINs/ARNs with the counterpart officer, in respect of which verification
report is needed from him, on a weekly basis, along with an intimation of the same to the nodal
officer of central tax as well as state/UT tax referred in Para 6.1 below through his official email ID
or physically. Similar action, as above, shall also be taken by the jurisdictional state/UT tax officers
in cases where the applicant is under the jurisdiction of state/UT tax officer and where the
transitional credit claimed has component of central tax also.
5.3.3 The jurisdictional tax officer shall, in parallel, continue the verification of the remaining
portion of the transitional credit at his end.
5.3.4 The jurisdictional tax officer and the counterpart tax officer shall verify the transitional credit
claimed under the CGST or the SGST head, as the case may be, by referring to the guidelines
detailed in Annexure I to this circular for transitional credit pertaining to central tax and the
guidelines issued by the relevant state/UT for verification of transitional credit pertaining to the State
Tax/Union territory Tax, as applicable. While conducting the verification, the officer must also check
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Circular No. 182/14/2022-GST
whether any adjudication or appeal proceedings in TRAN-1/TRAN-2 related matter are pending/
concluded against the applicant. In such cases, where any adjudication or appellate proceedings have
been initiated against the applicant in respect of TRAN-1/TRAN-2, the officer should take a note of
the relevant facts in the notice/ order, and the grounds/reasons for inadmissibility of transitional
credit, if any, in the said notice/ order.
5.3.5 In respect of verification done by the counterpart officer, after verification, he will prepare a
verification report, in the format detailed in Annexure-II of this circular, specifying the amount of
transitional credit which may be allowed to be credited to the electronic credit ledger of the applicant
and the amount which is liable for rejection, along with detailed reasons/ grounds on which the said
amount is liable to be rejected. Such duly signed verification report shall be sent by the counterpart
officer to the jurisdictional tax officer at the earliest, though generally not later than ten days from
the date of receipt of the request from the jurisdictional officer. In case, where the adjudication or
appeal proceedings in respect of TRAN-1/TRAN-2 related matter are pending/ concluded against the
applicant, the counterpart officer shall categorically bring out the relevant facts in his/her verification
report along with his detailed findings, admissibility/ inadmissibility, reasons of inadmissibility
thereof and the copy of the relevant notice and/or orders.
5.3.6 For the purpose of verification of the claim of the transitional credit, the jurisdictional tax
officer as well as the counterpart tax officer, if required, may call for relevant records including
requisite documents/returns/invoices, as the case may be, from the applicant.
5.3.7 After receiving the verification report from the counterpart officer, the jurisdictional tax
officer shall decide upon the admissibility of the credit claimed by the applicant. In case the
jurisdictional tax officer finds that the transitional credit claimed by the applicant is partly or wholly
inadmissible as per the provisions of the Act and the rules thereof, then a notice shall be issued by
the jurisdictional tax officer to the applicant preferably within a period of seven days from the receipt
of report from the counterpart officer, seeking explanation of the applicant as to why the said credit
claimed by him should not be denied wholly/partly, as the case may be. The applicant shall also be
provided an opportunity of personal hearing by the jurisdictional tax officer in such cases. If
required, the jurisdictional tax officer may seek comments of the counterpart officer on the
submissions made by the applicant in so far as the said submission relates to the tax (central or State)
being administered by such counterpart officer.
5.3.8 After considering the facts of the case, including verification report received from the
counterpart officer, submissions made by the applicant and the comments, if any, of the counterpart
officer on the same, the jurisdictional tax officer shall proceed to pass a reasoned order, preferably
within a period of fifteen days from the date of personal hearing, specifying the amount of
transitional credit allowed to be transferred to the electronic credit ledger of the applicant and upload
a pdf copy of the said order, on the common portal for crediting the amount of allowed transitional
credit to the electronic credit ledger of the applicant. In any case, such order shall be passed within a
period of 90 days from 01.12.2022 i.e. up to 28.02.2023.
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Circular No. 182/14/2022-GST
5.3.9 Where the amount credited to the electronic credit ledger pursuant to the originally filed
TRAN-1/TRAN-2 exceeds the amount of credit admissible in terms of the revised TRAN-1/TRAN-2
filed by the applicant, such excess credit is liable to be demanded and recovered from the applicant,
along with interest and penalty, in accordance with the provisions of Chapter XV of the Act and the
rules made thereunder.
5.3.10 GSTN will also issue a separate advisory for entering the details on the portal by the tax
officers.
5.3.11 It may be noted that consequent to reorganization of the state of Jammu & Kashmir and
merger of the Union territories of Dadra and Nagar Haveli & Daman and Diu, the taxpayers of UT of
Ladakh and the earlier UT of Daman and Diu have been allotted new GSTINs. Accordingly, the
taxpayers of Ladakh and Daman and Diu can file/ revise TRAN-1/ TRAN-2 only through their
newly allotted GSTINs. It is, therefore, advised that the concerned jurisdictional tax officers should
take into consideration transitional credit, if any, claimed by such taxpayers under their previous
GSTINs.
6. Modalities of coordination between central tax authorities and state tax authorities
6.1 It is to be noted that all the Zonal Principal Chief Commissioner/ Chief Commissioners
(PCCs/CCs) of Central Tax and Chief Commissioners/ Commissioners of Commercial Taxes
(CCCTs/CCTs) of various states/UTs shall appoint nodal officer(s) in their respective formations
immediately for proper co-ordination between central and state/UT authorities for verification of
transitional credit claims and shall make available the details of the said nodal officers, along with
their phone numbers and email IDs, to the counterpart tax authority. The nodal officers shall ensure
that the verification reports/comments sought by the jurisdictional tax officers are being sent in a
timely manner by the counterpart officers in their formations.
6.2 It is the responsibility of the Zonal Principal Chief Commissioner/ Chief Commissioners
(PCCs/CCs) of Central Tax and Chief Commissioners/ Commissioners of Commercial Taxes
(CCCTs/CCTs) of various states/UTs to regularly monitor the progress made in this regard so that
the timelines mentioned in the Hon’ble Supreme Court’s order dated 22.07.2022 and 02.09.2022 are
strictly adhered to by the field formations.
7. Where any communication is required to be made by the central tax officer with the
applicant for the purpose of verification of TRAN-1/ TRAN-2, through a mode other than through
the portal, the same should be made with the use of DIN, as per the guidelines mentioned in the
CBIC Circular No. 122/41/2019-GST dated 5th November 2019.
(Sanjay Mangal)
Principal Commissioner (GST)
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Circular No. 182/14/2022-GST
ANNEXURE-I
In the Form TRAN 1 there are only six entries which decide all the CGST credit which is
posted in the electronic credit ledger. These entries are briefly described below. It is advised
that the full text of law be referred for better understanding of the issue.
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Circular No. 182/14/2022-GST
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Circular No. 182/14/2022-GST
As a matter of assistance, following checks are suggested in relation to the entries provided in
various tables of TRAN 1. The list of checks is not exhaustive but is indicative only based on
provisions of law, the likely error and the inputs received from the field formations.
3.1.1 Check 1: Verify that the credit has been taken against closing balance of CENVAT
credit in ER-1/2/3 or ST-3. Credit can be taken only where the last return was filed and
credit taken in Table 5(a) should not be more than closing balance of credit in ER-1/2/3 or
ST-3 minus the education / secondary education cess / KKC/ SBC.
3.1.2 Check 2: Credit of taxes not covered in the definition of eligible duties in section 140
cannot be availed. Example: Krishi Kalyan Cess, Education Cess, clean energy cess etc.
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Circular No. 182/14/2022-GST
3.1.3 Check 3: Check that returns have been filed for last 6 months. An assessee filing
TRAN-1 and taking credit in table 5(a) should have -
a) Filed ER-1 or ER-2 regularly between Jan, 2017 and June, 2017 or
b) Filed ER-3 for period ending March, 2017 and June, 2017 or
c) Filed ST-3 for period ending March, 2017 and June, 2017.
This check should be performed liberally where many units have merged into one registration
or a single unit has been split into many (Centralized registration cases / LUT units) in GST.
Compliance by any of the merging unit which was filing the returns in the pre-GST would
entitle the new unit to avail credit in relation to that merging unit.
4.1 Check 4: Check that in table 6 only credit on capital goods not availed in any return is
taken. If second installment of any capital goods credit is taken through return in table 5(a)
and again the details are filled in table 6, it would lead to double credit getting taken. For
example, the second installment of capital goods credit where first installment credit was
availed in 2016-17 and second installment can be availed in the financial year 2017-18,
provided the second installment was not availed in any of the returns filed in the first quarter
of 2017-18 under Central Excise or Service Tax. If no credit was availed earlier, credit of
entire amount cannot be availed through this Table. In respect of invoices involving large
credit, due verification as deemed fit may be done.
5.1 Check 5: In cases where the credit is being shown by an assessee who was registered in
Central Excise or Service on account of inputs relating to exempted goods, carefully check
whether the assessee has followed the provisions of rule 6 of CENVAT Credit Rules in the
period prior to GST.
Case I: Only exempted goods/services were being manufactured or provided: Rule 6(2)
of CENVAT Credit Rules did not allow any credit in the CENVAT register if only
exempted goods were being manufactured. No credit can flow from return in relation to inputs
in such cases. The entry in table 5(a) therefore should be NIL. The apportionment of credit on
inputs and complete reversal thereof under rule 6 of CENVAT Credit Rules took place at the
time of removal of goods. Therefore, in such cases only credit of inputs and inputs contained
in semi-finished which existed in stock on the day of the transition and for which conditions
prescribed in cl (i) to (v) of section 140(3) are satisfied would be available. Where the stock
shown is very high, verification using VAT return or any other collateral document where
stocks are declared canbe done.
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Circular No. 182/14/2022-GST
5.2: Check 6: In cases where a new taxpayer has availed credit using Credit Transfer
Document, check that CTD issued by the manufacturer exists and CTD has been issued in
terms of rule 15(2) of CCR, 2017 read with notification no. 21/2017-CE (NT) dated
30.06.2017 (Capital Goods having value more than Rs. 25,000, goods to be identifiable by a
distinct number etc.) e.g.: Dealers of new car.
6.1 Check 7: Check that credits on stock declared on which credit can be claimed in terms of
rule 117(4) of the CGST Rules, 2017 are reasonable. Where the stock declared in very high,
stock declared in VAT return or any other collateral document, where stocks were declared,
may be cross-checked. It may be noted that credit of this stock would be available on sale
being made and TRAN 2 return being filed. It is reiterated that electronic credit ledger would
get populated through TRAN-2 and not through TRAN-1.
6.2 Check 8: Check that the assessee has not declared this stock in any other table or has not
availed this credit from any other table, say table 5(a). Where the person availing credit
through TRAN 2, for which stock is declared in this table, is a trader, no credit can exist in
any other table which pertains to credit to taxpayers who were registered earlier [e.g. Table
5(a)].
8.1 Check 9: Check that the duty paying document exist and take confirmation from the
taxpayer that the duty or the tax paying document were recorded in the books of account of
such person as per the conditions prescribed in law. Where goods under movement are shown
in exorbitant quantity, transport verification may be considered. It should also be checked
that the conditions for availing ISD credit as prescribed in law are satisfied.
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Circular No. 182/14/2022-GST
9.1 Check 10: Centralized registered units have distributed their credit through table 8. The
units receiving the credit were not required to file TRAN1 to receive this credit. The
receiving units have got credit on the basis of credit distributed by the centrally registered
unit. Check that receiving units have not filed TRAN 1 to avail this credit as this would lead
to double credit to receiving unit. Also take confirmation from the centrally registered unit
that resultant credit in the ledger of the distributing centrally registered unit was reduced by
the amount of credit distributed through Table 8.
10.1 Check 11: Check that the service tax claimed as credit was indeed paid under the
existing law and supplies were indeed made after 1st July, 2017. Credit of VAT cannot be
taken as CGST credit and vice-versa.
11.1 Check 12: Check that credit which is being claimed through TRAN 1/TRAN-2 is not
taken through return in FORM GSTR-3B. This can lead to double credit being taken.
11.2 Clarifications issued vide circular no. 33/07/2018-GST dated 23.02.2018 regarding
disputed credit and blocked credit may be followed during the verification process of the
transitional credit.
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Circular No. 182/14/2022-GST
ANNEXURE-II
1. Basic information:
(a) Name
(b) GSTIN
(d) Whether transition credit claimed earlier Yes/ No
2. (a) Whether SCN/Adjudication order issued in respect of credit availed through TRAN-
1/TRAN-2 filed earlier; if “Yes”, provide reference number and date:
(b) If answer to (a) above is “Yes”, then amount of transitional credit disallowed/proposed to
be disallowed out of total claim filed by the applicant earlier:
* # @ $
Table of Amount of credit Grounds on Whether
TRAN- disallowed/ proposed which credit is recovered
1/TRAN-2 to be disallowed disallowed/
proposed to be
disallowed
(a)
(b)
(c)
Notes:
1) Add additional rows if required
2) *Specify the serial number of the Table (of earlier filed TRAN-1/TRAN-2), the credit in
respect of which has either been disallowed through an order or is proposed to be disallowed
through an SCN
3) #Specify the amount which has been disallowed/proposed to be disallowed
4) @Specify the grounds for disallowance of the said credit
5) $Specify whether amount has been recovered, either in cash or debit to credit ledger
6) Attach copies of the relevant notice/ adjudication order
3. (a) Whether appeal has been filed against the adjudication order, if any, specified in serial
number 2 above; if “Yes”, provide appeal number and date of filing appeal.
(b) If appeal has been disposed of, then provide order number and date:
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Circular No. 182/14/2022-GST
* $
Table of Findings of Whether
TRAN- Appellate recovered
1/TRAN-2 Authority
(a)
(b)
(c)
Notes:
1) Add additional rows if required
2) *Specify the serial number of the Table (as mentioned in Table at serial number 2 above) and
the amount of tax the claim in respect of which has been adjudicated and the appeal has been
decided.
3) $Specify whether amount has been recovered, either in cash or debit to credit ledger
4) Attach copies of the order of the appellate authority
4. Amount of credit claimed afresh/revised (as per TRAN-1/ TRAN-2 filed/ revised during the
present window of two months) by the applicant, the amount admissible, the amount
inadmissible, if any, along with the grounds/ reasons for non-admissibility thereof:
(a) 5(a) of
TRAN -1
5(c) of
(b)
TRAN-1
6(a) of
(c)
TRAN-1
6(b) of
(d)
TRAN-1
7(a)(7A)
(e) of TRAN-
1
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Circular No. 182/14/2022-GST
7(a)(7B)
(f) of TRAN-
1
7(b) of
(g)
TRAN-1
7(c) of
(h)
TRAN-1
8 of
(i)
TRAN-1
10(a) of
(j)
TRAN-1
10(b) of
(k)
TRAN-1
11 of
(l)
TRAN-1
Aggregate
of Table 4
(m)
of TRAN-
2
Aggregate
of Table 5
(n)
of TRAN-
2
Place:
Date: Signature of counterpart officer
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