Unavailed input tax credit on capital goods allowed in transition if admissible under both laws; recoverable as an arrear if disallowed. A registered taxable person may take into the electronic credit ledger the unavailed cenvat/input tax credit relating to capital goods not carried forward under the earlier law, provided the credit was admissible under the earlier law and is admissible under this Act; unavailed credit is the entitlement under the earlier law less credit already availed. Credit so taken may be recovered as an arrear of tax if any proceeding under the earlier law establishes that the amount was recoverable.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Unavailed input tax credit on capital goods allowed in transition if admissible under both laws; recoverable as an arrear if disallowed.
A registered taxable person may take into the electronic credit ledger the unavailed cenvat/input tax credit relating to capital goods not carried forward under the earlier law, provided the credit was admissible under the earlier law and is admissible under this Act; unavailed credit is the entitlement under the earlier law less credit already availed. Credit so taken may be recovered as an arrear of tax if any proceeding under the earlier law establishes that the amount was recoverable.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.