Page 10 - GSTL_13th August 2020_Vol 39_Part 2

viii GST LAW TIMES [ Vol. 39
Input Tax Credit (Contd.)
— Transitional credit - Timeline of compliance - Failure to file GST TRAN-2
before due date to technical glitches - Even if timeline prescribed Rule
117 of Central Goods and Services Tax Rules, 2017 are directory in nature
not to mean credit can be availed in perpetuity - Transitory provisions, as
word indicates have to be given its due meaning - Transition from pre-
GST Regime to GST Regime not been smooth - In absence of any specific
provisions under GST Act, in terms of residuary provisions of Limitation
Act, a period of three years should be guiding principle - Thus, a period
of three years from appointed date would be maximum period for
availing of such credit - Assessee had attempted to file TRAN within
time-limit framed under Rule - Direction to Authorities to reopen form
TRAN-2 or accept manual filing of GST TRAN-2 to allow assessee to
claim transitional credit held in stock as on appointed date after proper
verification including invoices submitted by assessee within 30-6-2020 -
Section 140 of Central Goods and Services Tax Act, 2017/West Bengal
Goods and Services Tax Act, 2017 - Rule 117 of Central Goods and
Services Tax Rules, 2017/West Bengal Goods and Services Tax Rules,
2017 - Section 137 of Limitation Act, 1963 — Subhas & Company v. Commissioner
of CGST and CX, Kolkata North (Cal.) ........................... 129
INTEGRATED GOODS AND SERVICES TAX ACT, 2017 :
— Section 2(16) - See under GOVERNMENT AUTHORITY ............ 182
Invoice - Jurisdiction of AAR not extending to analysis of illustrative invoice
as to correct discharge of GST - See under ADVANCE RULING ........ 206
Jurisdiction of AAR not extending to analysis of illustrative invoice as to
correct discharge of GST - See under ADVANCE RULING ........... 206
— Question as to whether applicant required to file reconciliation statement
in FORM GSTR-9C not maintainable - See under ADVANCE RULING .... 192
Kernel/seed of Tamarind, classification and rate of GST - See under
TAMARIND SEED ................................. 197
Lease premium - Payment of ` 15.86 crores made to RLDA as a part of Lease
Agreement (LoA) towards the first installment of the lease premium as
specified in LoA/schedule of payment - Applicant being a registered
entity, liable to pay GST directly in Government account under Reverse
Charge Mechanism (RCM) as per LoA - Applicant in pursuance to
Section 13(3) of Central Goods and Services Tax Act, 2017 deposited first
instalment of lease premium of ` 15.86 crores by various RTGS on
different dates from 16-2-2019 to 22-2-2019 - Lease premium deposited by
applicant is a consideration towards leasing services supplied by RLDA
to the applicant and thus liable to GST - Notification No. 4/2019-C.T.
(Rate) or Notification No. 12/2017-C.T. (Rate) not attracted — In Re : Hazari
Bagh Builders Pvt. Ltd. (A.A.R. - GST - Raj.) ........................ 216
Leasing Service - RLDA is leasing the parcels of land and thus supplying
rental or leasing service of its own land for commercial function - Leasing
services classifiable under HSN Code 9972 12 and fall under Serial No.
16(iii) of Notification No. 11/2017-C.T. (Rate) (as amended) and attracts
GST @ 18% (SGST 9% + CGST 9%) - Such services being made by RLDA,
a statutory authority of Government of India to a registered entity (i.e.,
the applicant), fall under RCM - Applicant being the recipient of services
GST LAW TIMES  13th August 2020  10