Suggestions on GST Acts (July 2017) by Institute of Chartered Accountants of India
45. Eligibility of Transitional Credit subject to the condition that supplier of services is not eligible for any abatement
Section 140(3) (v) of CGST Act, 2017 provides that transitional credit to a registered taxable person covered under Clause 140 (3) shall, amongst others, be subject to the condition that “the supplier of services is not eligible for any abatement under the Act:”
Issue
One may be eligible for abatement but might not have availed it. Benefit should not be denied in such cases.
Suggestion
It is suggested that the words “is not eligible for” be replaced with the words “has not availed”.
Read ICAI Suggestions on GST Act to Govt : July 2017
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