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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 ..... 9/437-57 Dated: 11-01-2019 Trade Notice No. 02/2019 Subject: Central Goods and Services Tax (Amendment) Act, 2018- Clarification regarding section 140(1) of the CGST Act, 2017. The Central Board of Indirect Taxes & Customs has issued a Circular No. 87/06/2019- GST dated 2nd January,2019 for the Trade and as well as all concerned regarding Central Goods and Services Tax (Amendment) Act, 2018- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entral Board of Indirect Taxes and Customs hereby directs the following: 3.1. The CENVAT credit of service tax paid under section 66B of 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es" and in the present context, the two words should not be read in a disharmonious manner. 3.2. Thus, expression "eligible duties" in section 140(1) 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 st. no, (i) to (viii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in stock, as provided under Explanation 1, and credit of goods and services in transit, as provided under Explanation 2. However, the duties and taxes for which transition is allowed shall 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 (l) of section 3 of the Customs Tariff Act, 1975, would be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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