Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

GST Update on amendment of Section 140(1)

GST Update on amendment of Section 140(1)
Retrospective Effect of denial on credit of cess
The government has excluded the credit that taxpayers could avail at the time of transitioning to GST for the cesses paid in the previous indirect tax regime, according to amendments in the Central Goods and Services Tax Act moved in the Lok Sabha. The change in the amendment bill has been made effective from from July 1, 2017 i.e. retrospectively.
Prior to the amendment, many experts were of the view that this credit shall be carried forward as Section 140(1) didn't place a bar on transition of various cesses which were part of the Central Value Added Tax credit ledger of companies. Krishi Kalyan Cess, education Cess and secondary and higher eduction cess were included in the CENVAT credit ledger of companies.
Section 140 (1) of the CGST Act reads as follows-
A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, the amount of CENVAT credit carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law in such manner as may be prescribed. Provided that the registered person shall not be allowed to take credit in the following circumstances, namely:-
(1)where the said amount of credit is not admissible as input tax credit under this Act; or
(2) where he has not furnished all the returns required under the existing law for the period of six months immediately preceding the appointed date; or
(3)where the said amount of credit relates to goods manufactured and cleared under such exemption notifications as are notified by the Government”
As there was no specific restriction for transition of this credit under GST, many taxpayers took a view that the cess paid can be carried forward in the GST regime. But the FAQ released by CBIC clearly said that the balance of cess cannot be carry forward in GST regime. But many scholars opined against this FAQ and held that FAQ do not legal binding and its balance can be carried forward.
However,Authority of Advance Ruling pronounced in case of KANSAI Nerolac Paints Limited in favour of department wherein carry forward of credit in KKC of service tax has been denied. The head note of this decision read as under:-
GST - Migration - Cenvat credit - Carry forward of accumulated credit by way of Krishi Kalyan Cess (KKC) appearing in Service Tax return of Input Service Distributor in electronic credit ledger maintained under Central Goods and Services Tax Act, 2017 - Admissibility as input tax credit - Insertion of sub-rule (1a) to Rule 3 of Cenvat Credit Rules, 2004 allowing provider of output services credit of KKC on taxable services leviable under Section 161 of Finance Act, 2016 - Cenvat credit was available in respect of KKC - However it was to be utilised only towards payment of KKC - KKC cannot be treated as Excise duty or Service Tax and Cenvat credit as referred to in Section 140(1) of Central Goods and Services Tax Act, 2017 would not include credit in respect of KKC - Non-availability of carry forward of credit with respect to KKC has been clarified to Trade in Frequently Asked Questions (FAQ) issued by Central Board of Excise and Customs - Accumulated credit by way of KKC as it appeared in Service Tax return of Input Service Distributor (ISD) on June 30, 2017 which was carried forward in electronic credit ledger maintained under Central Goods and Services Tax Act, 2017, will not be considered as admissible input tax credit.
 But after this amendment, there is no ambiguity and this credit will be denied after assent of these bills. The impact shall be that the taxpayers aren’t eligible to transfer the credit of various cesses, they may be required to reverse the credit they have availed. Even the department will demand the interest on the same.
Taxpayers may question the retrospective applicability of the proposed amendment.They may take the support in the landmark Income tax case of Vodafone Limited wherein the Government introduced a retrospective clarification to the Income-Tax (I-T) Act, 1961, virtually amending the law to ensure that cross-border transactions are taxable. There was all round protest against the Government in the international arena at that time and the Government has promised at that time that no retrospective amendment will be made in the tax law against the assessee.
But again retrospective amendment has been made against the assessee.  This will again prove that the Government is not keeping its words and amending the law retrospectively which affect badly the interests of the poor taxpayers.
Thus government shall consider the plea of the taxpayers and allow carry forward of credit of Cess.
 
The content of this GST update is for educational purpose only and not intended for solicitation.
You can reach us at www.capradeepjain.com, at our facebook page on https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/as well as follow us on twitter at https://www.twitter.com/@capradeepjain21
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com