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TMI BlogSikkim Goods and Services Tax (Amendment) Act, 2018-Clarification regarding section 140(1) of the SGST Act, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018-Clarification regarding section 140(1) of the SGST Act, 2017-reg. Attention is invited to sub-section (a) of section 28 of the SGST (Amendment) Act, 2018 (No. 31 of 2018) which provides that section 140(1) of the SGST Act, 2017 be amended with retrospective effect to allow transition of CENVAT credit under the existing law viz. Central Excise and Service Tax law, only in respect of "eligible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such that neither any provision ofthe amendment becomes otiose nor does the legislative intent of the amendment get defeated. ii) The intention behind the amendment of section 140(1) to include the expression "eligible duties" has been indicated in the "Rationale/ Remarks" column (at Sl. No. 37) of the draft proposals for amending the GST law which was uploaded in the public domain for comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act. 3.3 The expression "eligible duties" under section 140(1) does not in any way refer to the condition regarding goods in stock as referred to in Explanation 1 to section 140 or to the condition regarding inputs and input services in transit, as referred to in Explanation 2 to section 140. 4. Further, it has been decided not to notify the clause (i) of sub-section (b) of section 28 and clau ..... X X X X Extracts X X X X X X X X Extracts X X X X
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