TMI Blog2022 (10) TMI 786X X X X Extracts X X X X X X X X Extracts X X X X ..... cerned ought to have claimed, at the original instance, at least a portion of the credit. Admittedly, in the instant case, the petitioner has made no claim at all - However, seeing as the Assessing Authority has not had any opportunity to address the claim of transitional credit as the claim was made for the first time in appeal, an opportunity is granted to the petitioner to make a claim before the Assessing Authority who shall, upon receipt of the claim, dispose the same within a period of two weeks from date of receipt, after hearing the petitioner. The impugned order is not interfered with in these circumstances but it is made clear that the Authority while disposing the request for transition, if and when made, shall take an indepen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er-in-original came to be passed on 12.12.2018 rejecting the refund claimed. 4. Assailing the aforesaid order of refund, the petitioner filed a first appeal. It was only in the course of the first appeal did the petitioner put forth an alternate claim for transition of the credit. This alternate claim has been noted by the first appellate authority at para 4 of the order. 5. Ultimately, the claim came to be rejected, the Authority stating that there is no provision in law for allowing such transition. No reference has been made to the provisions of Section 140(2) that permits transition of CENVAT credit in respect of capital goods, not carried forward in a return furnished under the existing law. 6. Section 140(2) and the explanati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in CGST Act Indicative list of nature of Credit ...... ...... ..... ..... 2. Column 11 of table 6(a) 140(2) This table captures details of un-availed credit of capital goods in the pre-GST era. Capital Goods credit was allowed to be availed in two installments of 50% each. This table is meant to be used by the taxpayers who have availed a portion of CENVAT credit on capital goods through ER or ST return and now intend to avail remaining credit in respect of capital goods which has not been availed through the ER or ST return. 8. I thus appears to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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