Question 44: An assessee made delayed
payment of ST under RCM along with interest by making payment through Challan
during December, 17 and claimed it's credit in Revised Trans. During
verification , whether it can be allowed or denied' And under which specific
authority, section, rules, notification/circular.
Answer: Input tax credit as reflected in last ST-3 before GST can be
taken in electronic credit ledger of GST by filling details in TRAN-1 vide
Section 140 of CGST with Rule 117.
In case where service under reverse charge is received before 1st July and
value also made before the said date but payment of tax is made after 30.06.2017
but payment is made till 5th/6th July. Since ITC in respect of RCM is available
only on payment of service tax under reverse charge.
if you want to take credit for the same via Tran -1 so you are required paid ST
till 5th /6th July and incorporate the details of same in last return of service
tax St-3 or in revised return.
For the above situation Govt. has already issued Circular 207/5/2017-Service Tax
dt. 28.09.2017 and the same is annexed here with. According to section 142 of
CGST Act, ITC shall not be admissible under this situation. .(REPLY dt.
20/1/2018)