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Section 40: Manner of claiming credit in special circumstances

No. F A-3/4-0/2017/1-V-(64)_ Bhopal, dated - the 30th June, 2017State Rules of Madhya Pradesh · 2017

(1) The input tax credit claimed in accordance with the provisions of sub-section (1) of section 18 on the inputs held in stock or inputs contained in semi-finished or finished goods held in stock, or the credit 634 (10) Feamey usa, fetie 30 FA 2017 Fe claimed on capital goods in accordance with the provisions of clauses (c) and.(d) of the said sub-section, shall be subject to the following conditions, namely,-

(a) the input tax credit on capital goods, in terms of clauses (c) and (d) of sub-section

(1) of section 18, shall be claimed after reducing the tax paid on such capital goods by five percentage points per quarter of a year or part thereof from the date ofthe invoice or such other documents on which thecapital goods were received: by the taxable person.

(b) the registered person shall within a period of thirty days from the date of his becomingeligible to avail the input tax credit under sub-section (1) of section 18 shall makea declaration, electronically, on the common portal in FORM GST ITC-O1 to the effect that he is eligible to avail the input tax credit as aforesaid;

-(c) the declaration under clause (b) shall clearly specify the details relating to the inputs held in stock or inputs contained in semi-finished or finished goods held in stock, or as thecase maybe, capital goods —

(i) - on the day immediately preceding the date from which he becomes liable to pay tax under the provisions of the Act, in the case of a claim under clause (a) of sub-section (1) of section 18;

(ii) on the day immediately preceding the date ofthe grant ofregistration, in the case of a claim underclause (b) of sub-section (1) of section 18;

(iii) on the day immediately preceding the date from which he becomes liable to pay tax undersection 9, in the case of a claim underclause (c) of subsection (1) of section 18;

(iv) on the day immediately preceding the date from which the supplies .

madeby the registered person becomestaxable, in the case of a claim under clause (d) of sub-section (1) of section 18;

(d) the details furnished in the declaration under clause (b) shall be duly certified by a practicing chartered accountant or a cost accountant if the aggregate value of the claim on account of central tax, State tax, Union territory tax and integrated tax exceeds two lakh rupees;

" (e) theinput tax creditclaimed inaccordance with the provisions of clauses (c) and

(d) of sub-section (1) of section 18 shall be verified with the corresponding details ‘ furnished by the corresponding supplier in FORM GSTR-1 or as the case maybe,in FORM GSTR-4, on the commonportal.

(2) The amountofcredit in the case of supply of capital goodsor plant and machinery,for the purposes of sub-section (6) of section 18, shall be calculated by reducing the input tax on the said goodsatthe rate of five percentage points for every quarter or part thereof from the date of the issue ofthe invoice for such goods.

Where this provision sits

ActNo. F A-3/4-0/2017/1-V-(64)_ Bhopal, dated - the 30th June, 2017
Section40
Marginal noteManner of claiming credit in special circumstances
JurisdictionState of Madhya Pradesh
StatusIn force as published by the source

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