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Government of India
Ministry of Finance
(Department of Revenue)
Central
Board of Indirect Taxes and Customs
Notification No. 62/2019 –
Central Tax
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
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 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 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
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