TMI BlogCentral Goods and Services Tax (Amendment) Act, 2018- Clarification regarding section 140(1) of the CGST Act, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... an, 2019 To The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) The Principal Director Generals/ Director Generals (All) Madam/ Sir, Sub: Central Goods and Services Tax (Amendment) Act, 2018- Clarification regarding section 140(1) of the CGST Act, 2017-reg. Attention is invited to sub-section (a) of section 28 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Finance Act, 1994 was available as transitional credit under section 140(1) of the CGST Act and that legal position has not changed due to amendment of section 140(1) on account of following reasons: i) The amendment in provisions of section 140(1) and the explanations to section 140 need to be read harmoniously such that neither any provision of the amendment becomes otiose n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which are allowed to be transitioned would cover within its fold the duties which are listed as eligible duties at sl. no. (i) to (vii) of explanation 1, and eligible duties and taxes at sl. no. (i) to (viii) of explanation 2 to section 140 , since the expression eligible duties and taxes has not been used elsewhere in the Act. 3.3 The expression eligible duties under section 140(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be governed by para 3.2 above. 5. No transition of credit of cesses, including cess which is collected as additional duty of customs under sub-section (1) of section 3 of the Customs Tariff Act, 1975 , would be allowed in terms of Explanation 3 to section 140 , inserted vide sub-section (d) of section 28 of CGST Amendment Act, 2018 which shall become effective from the date the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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