Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2020 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (5) TMI 611 - AT - Service TaxRefund of unutilized cenvat credit - carried forward of balance cenvat account to TRAN-1 GST Regime - Section 142 (4) of CGST Act,2017 - HELD THAT:- It is brought out from the facts that though the credit was availed prior to introduction of GST the refund claim was filed by them only on 22.03.2018. The requirement to debit the refund amount as under para 2 (h) of the notification can be applied only when the assessee is required to file ST-3 returns. After introduction of GST, it is not possible for the assessee to file ST-3 returns. It is not required for the appellant to deduct the amount in the ST-3 returns as and when credit is availed. Only if they intend to file refund claim they are required to debit the same - Therefore the contention of Ld. A.R that assessee ought to have debited the amount during the existence of Finance Act, 1994 itself cannot have substance. Appeal allowed - decided in favor of appellant.
|