[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs
Notification No. 62/2019 -
Central Tax
(Amendment
History)
New Delhi, the 26th November, 2019
G.S.R......(E). - In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Government, on the recommendations of the Council, hereby notifies those persons whose principal place of business or place of business lies in the erstwhile State of Jammu and Kashmir till the 30th day of October, 2019; and lies in the Union territory of Jammu and Kashmir or in the Union territory of Ladakh from the 31st day of October, 2019 onwards, as the class of persons who shall follow the following special procedure till the 31st day of December, 2019 (hereinafter referred to as the transition date), as mentioned below.
2. The said class of persons shall:-
(i) ascertain the tax period as
per sub-clause (106) of section 2 of the said Act for the purposes of any of the
provisions of the said Act for the month of October, 2019 and November, 2019 as
below:
(a) October, 2019: 1st
October, 2019 to 30th October, 2019;
(b) November, 2019: 31st
October, 2019 to 30th November, 2019;
(ii) irrespective of the particulars of tax charged in the invoices, or in other like documents, raised from 31st October, 2019 till the transition date, pay the appropriate applicable tax in the return under section 39 of the said Act;
(iii) have an option to transfer the input tax credit (ITC) from the registered Goods and Services Tax Identification Number (GSTIN), till the 1[31st day of December,] old[30th day of October, 2019] in the State of Jammu and Kashmir, to the new GSTIN in the Union territory of Jammu and Kashmir or in the Union territory of Ladakh from the 1[1st day of January, 2020] old[31st day of October] by following the procedure as below:
(a) the said class of
persons shall intimate the jurisdictional tax officer of the transferor and the
transferee regarding the transfer of ITC, within one month of obtaining new
registration;
(b) the ITC shall be transferred on the basis of ratio of turnover of the place
of business in the Union territory of Jammu and Kashmir and in the Union
territory of Ladakh;
(c) the transfer of ITC shall be carried out through the return under
section 39
of the said Act for any tax period before the transition date and the transferor GSTIN would be debiting the said ITC from its electronic credit ledger in Table
4 (B) (2) of FORM GSTR-3B and the transferee GSTIN would be crediting the
equal amount of ITC in its electronic credit ledger in Table 4 (A) (5) of
FORM GSTR-3B.
3. The balance of State taxes in electronic credit ledger of the said class of persons, whose principal place of business lies in the Union territory of Ladakh from the 1[1st day of January, 2020”] old[31st day of October, 2019,]shall be transferred as balance of Union territory tax in the electronic credit ledger.
4. The provisions of clause (i) of section 24 of the said Act shall not apply on the said class of persons making inter-State supplies between the Union territories of Jammu and Kashmir and Ladakh from the 31st day of October, 2019 till the transition date.
[F. No. 20/06/06/2019-GST]
(Ruchi Bisht)
Under Secretary to the Government of India
1. Substituted Vide: Notification No. 03/2020-Central Tax dt. 01/01/2020
CGST NOTIFICATION NO. & DATE |
EFFECT OF NOTIFICATION |
RELATED NOTIFICATION NO. & DATE |
62/2019- Central Tax ,Dt.26-11-2019 | Notifies the transition plan with respect to J&K reorganization w.e.f. 31.10.2019 regarding registration and filing of returns. |
Notification No.
03/2020- Central Tax ,Dt. 01.01.2020
Seeks to amend
Notification No. 62/2019 CT
to extend the due date to transfer the ITC from the registered GSTIN,
till 31st day of December, in the State
of Jammu and Kashmir, to the new GSTIN in the Union territory of Jammu
and Kashmir or Ladakh from the
1st day of January, 2020. Further the balance of State taxes in ECL of the persons, whose principal place of business lies in the Union territory of Ladakh from the 1st day of January, 2020 shall be transferred as balance of Union territory tax in the ECL. |