Question ID :
44622
532589
A Private Ltd Company has 2 GSTIN in different states. In Delhi, they are dealing in trading of agricultural equipments and is mainly importing the goods. In Haryana, they are dealing in manufacturing of steel products. They have excess ITC balance in Haryana and almost every month, they pay GST liability in Delhi. Now, they want to sell the old obsolete stock from Delhi. Now, my question is whether how they can utilise the excess ITC Balance of Haryana in a legal way to set off the liability in Delhi GSTIN. Is there any legal channel to save the working capital of the company? I f yes, then please let me know.
Thanks in advance.
Posted by
HARSHIT BANSAL
on
Mar 19, 2024
Filed Under
GST
NO. They are not even in the same line of business. It is not possible. If there is any relation to business then you can raise a tax invoice in delhi by selling goods to Haryana thereby you can utilise the ITC in delhi and claim in Haryana.
Posted by
VINAY BHARGAV KUMAR G on
Mar 25, 2024
Answer ID :
85407
There is no concept of transfering unutilized ITC between different GSTIN's of the same PAN.
If there is any supply between these two entities, then invoice should be issued by the supplier in terms of schedule I to the GST law. Such ITC could be availed and utilized to the extent used for making taxable supplies including exports by the recipient.
Posted by
MAYANK A JAIN on
May 07, 2024
Answer ID :
85409
In my considered view, the unutilized ITC lying at Haryana GSTIN cannot be transferred in the absence of any Supply of goods or services from Haryana GSTIN to Delhi GSTIN.
If at all if there is any business support Services provided by
Haryana to Delhi GSTIN, in such case by croes charging, ITC can be transferred from Haryana to Delhi GSTIN.
Posted by
SREENIVASULU THULASIRAM on
May 08, 2024