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Notification No. 62/2019 – Central Tax Explained

by Shakshi Bharti | Mar 6, 2024 | GST, 2019 Notifications, Central Tax 2019 Notifications, Notifications | 0 comments

Important Keyword: GST J&K Transition, Ladakh GST rules, ITC-02A, GSTR filing Jammu Kashmir, GST Notification 62 2019 details, CGST Rules amendment J&K,

Words: 1289; Read time: 7 minutes.

[F. No. 20/06/06/2019-GST]
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs

New Delhi, the 26th November, 2019

Notification No. 62/2019 – Central Tax: Seeks to notify the transition plan with respect to J&K reorganization w.e.f. 31.10.2019.

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

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:–

  • 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:
    • October, 2019: 1st October, 2019 to 30th October, 2019;
    • November, 2019: 31st October, 2019 to 30th November, 2019;
  • 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;
  • 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:
    • 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;
    • 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;
    • 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.

(Ruchi Bisht)
Under Secretary to the
Government of India


📚 Frequently Asked Questions (FAQs): Notification No. 62/2019 – Central Tax

Q1: What is Notification No. 62/2019 – Central Tax mainly about?

Answer:
It provides the transition procedure for taxpayers in J&K and Ladakh after their separation into two UTs. It mandates:
New GSTIN migration
Return filing clarifications
ITC transfer rules under Section 18(3) of CGST Act + Rule 41
Need help updating GST profile?
👉 https://finodha.in/online-gst-registration/

Q2: Why was this GST transition required?

Answer:
After the split, one GST State code couldn’t continue for two UTs. Taxpayers needed:
New State/UT codes
Proper place of supply
Alignment of old liabilities with new tax jurisdiction

Q3: Do businesses need fresh GST registration?

Answer:
Yes ✔️
Existing J&K GSTIN holders must:
Amend registration for J&K
Obtain new GSTIN for Ladakh operations
Finodha can help with quick registration ➝
https://finodha.in/online-gst-registration/

Q4: What happens to existing Input Tax Credit (ITC)?

Answer:
ITC related to Ladakh business must be transferred using:
ITC-02A form on GST portal (Rule 41A)
💡 Example:
If a store in Leh now belongs to Ladakh UT → ITC proportion must move to new GSTIN.

Q5: Will GSTR-3B or GSTR-1 filing be affected?

Answer:
Yes, due date relief and separate reporting were allowed to avoid:
Incorrect local tax utilization
Wrong place-of-supply tagging
File returns correctly to avoid penalties ➝
https://finodha.in/gst-return-filing/

Q6: Is it mandatory to update place of business?

Answer:
✔ Mandatory where business exists in both UTs
GST portal migration includes:
Address validation
Jurisdiction mapping

Q7: How to handle invoices issued before 31.10.2019?

Answer:
Old invoices remain valid.
But taxes must be reported under correct UT beginning 01.11.2019.

Q8: What about ongoing contracts in both UTs?

Answer:
Contracts must be bifurcated:
Supply in J&K → J&K UT GST
Supply in Ladakh → Ladakh UT GST
📌 Section Reference: Place of Supply rules under IGST Act.

Q9: Is ITC transfer mandatory if business shifts entirely to Ladakh?

Answer:
Yes. Entire ITC relevant to Ladakh must transfer to new Ladakh GSTIN via ITC-02A.

Q10: Which State Code is used for Ladakh GSTIN?

Answer:
Jammu & Kashmir — 01
Ladakh — 38 (new code)

Q11: Do TDS/TCS deductors require separate registration?

Answer:
Only if they operate in Ladakh.
Otherwise, existing records continue for J&K portion.

Q12: What happens to e-Way Bills in transition period?

Answer:
e-Way bills generated before 31.10.2019 remained valid until completion, but new supplies require updated GSTIN.

Q13: What if return filing was delayed due to transition?

Answer:
Government provided relaxations & condonations.
To avoid future penalties → act fast!
https://finodha.in/gst-compliance/

Q14: How to deal with refunds already filed?

Answer:
Refunds continue under original GSTIN until migration completed.

Q15: Can mistakes be amended later?

Answer:
Yes ✔
Amend incorrect reporting in subsequent returns to avoid ITC mismatches under Rule 36(4).

📌 Conclusion

Notification No. 62/2019 – Central Tax ensures a smooth GST shift after J&K bifurcation. Businesses must:
✔ Update GST registration
✔ Transfer ITC accurately
✔ Follow new due dates & reporting rules

For stress-free compliance, Finodha Experts are here to help👇
👉 https://finodha.in/gst-compliance/


Download PDF: Notification No. 62/2019 – Central Tax


More Information: https://taxinformation.cbic.gov.in/

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