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2018 (9) TMI 433 - AUTHORITY FOR ADVANCE RULINGS, MADHYA PRADESHCarry forward of CENVAT credit - transition to GST Regime - Whether the applicant is entitled to carry forward the accumulated cenvat credit as reflected in its Excise returns for the month of June- 2017 to GST regime in terms of provisions under the CGST Act, 2017, more particularly Section 140 of the CGST Act? - Whether the accumulated Cenvat Credit so carried forward, not being the credit availed under the GST regime, is required to be adjusted/restricted in the manner prescribed under Rules 42 and 43 of the CGST Rules, 2017? Held that:- A plain reading of Section 97(2) clearly implies that the any question relating to CENVAT credit, which falls under transitional provision, shall be out of purview of Advance Ruling. Admissibility of input tax credit, as given in Section 97(2), relates to 'input tax credit' as defined in Section 2(63) of CGST Act, 2017 read with Section 2(62) ibid and not the CENVAT carried forward in TRAN-1, which categorically pertains to pre-GST regime - thus, the question placed do not fall within the four corners of issues defined for seeking Advance Ruling under Section 97(2) ibid. When the question raised does not fall within the ambit of Section 97(2) and be that as it may, the issue has already been pending before the departmental authorities, there are no reason to take up the matter on merits. The application filed by the applicants is hereby rejected, being not maintainable.
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