Page 80 - GSTL_6th August 2020_Vol 39_Part 1

6 GST LAW TIMES [ Vol. 39
4. Thus, Section 140 stipulates that the registered person is required to
submit a return, within such time, and in such manner as may be prescribed for
purposes of availing Transitional ITC. The words “within such time” were not
originally a part of Section 140(1) and were introduced by the Finance Act, 2020
under Notification No. 43/2020, dated 16-5-2020 with retrospective effect from
July 1, 2017. Section 164 of the CGST Act empowers the Government, on the rec-
ommendations of the GST Council, to frame rules for implementing the provi-
sions of the Act. Section 164, in relevant part, is as under :
“164. Power of Central Government to frame rules. - (1) The Govern-
ment may, on the recommendations of the Council, by notification, make
rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1),
the Government may make rules for all or any of the matters which by this
Act are required to be, or may be, prescribed, or in respect of which provi-
sions are to or may be made by rules.
(3) The power to make rules conferred by this section shall include the
power to give retrospective effect to the rules or any of them from a date
not earlier than the date on which the provisions of this Act come into
force....”
Pursuant to Section 164, the CGST Rules were framed and the procedure relating
to availing of Transitional ITC was prescribed by Rule 117 thereof. Rule 117 reads
as under :
”(Chapter-XIV : Transitional Provisions) :
CGST Rule 117. Tax or Duty Credit Carried Forward under any Ex-
isting 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 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 further that where the inputs have been received from an Export
Oriented Unit or a unit located in Electronic Hardware Technology Park,
the credit shall be allowed to the extent as provided in sub-rule (7) of rule 3
of the CENVAT Credit Rules, 2004.
(1A) Notwithstanding anything contained in sub-rule (1), the Commis-
sioner may, on the recommendations of the Council, extend the date for
submitting the declaration electronically in FORM GST TRAN-1 by a fur-
ther period not beyond 31st March, 2020, in respect of registered persons
who could not submit the said declaration by the due date on account of
technical difficulties on the common portal and in respect of whom the
Council has made a recommendation for such extension.
(2) Every declaration under sub-rule (1) shall -
(a) in the case of a claim under sub-section (2) of section 140, spec-
ify separately the following particulars in respect of every
item of capital goods as on the appointed day -

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