2018 (6) TMI 461 - AAR - GST

Taxpayer's Claim for Clean Environment Cess Input Tax Credit Denied Due to Jurisdictional and Statutory Limitations Under Section 97(2)

IN RE: M/s SINO RESOURCES

In this tax case, the HC rejected the applicant's claim for Input Tax Credit (ITC) on Clean Environment Cess paid during coal import. The ruling ... Maintainability of Advance Ruling Application - Transitional Credit - Input Tax Credit - Clean Environment (Energy) Cess - import of Coal - Whether Input Tax Credit is available on Clean Environment (Energy) Cess paid at the time of import of Coal? - Held that:- From the definitions referred for input tax' under CGST Act'2017, it is very clear that the input tax refers to taxes chargeable under SGST, CGST & IGST Acts only. Accordingly, Section 97(2) (d) shall refer to admissibility of input tax credit under GST Acts - The input Tax credit referred by the applicant relates to the transitional relief, which is paid under the Act other than the Acts referred in the definition of input tax under CGST. The question sought do not fall under the ambit of Section 97(2) (d) of the CGST Act 2017. The subject application filed by the applicant is beyond the jurisdiction of this authority, as it is beyond the domain of Section 97(2) of the CGST Act' 2017. Therefore, the application is not admitted under Section 98(2) of the CGST Act' 2017. Issues:- Admissibility of Input Tax Credit on Clean Environment (Energy) Cess paid at the time of import of Coal.Analysis:The applicant, an importer and trader of coal, sought an advance ruling on the admissibility of Input Tax Credit (ITC) on Clean Environment (Energy) Cess paid at the time of coal import. The applicant had paid a significant amount as Clean Energy Cess on imported coal, which they claimed as Transitional Credit. The jurisdictional officer opined that Clean Energy Cess is not eligible for ITC under the credit rules and cannot be paid using available credit. The officer highlighted that the transitional credit on Clean Energy Cess does not arise due to ineligibility under existing laws before the introduction of the APGST Act, 2017.During a Personal Hearing, the applicant's representative argued that the issue falls under Section 97(2)(d) of the CGST Act, 2017. However, the Authority noted that the input tax credit referred to by the applicant pertains to transitional relief paid under a different Act than SGST, CGST, and IGST Acts specified in the definition of input tax under the CGST Act. Consequently, the question raised did not align with Section 97(2)(d) of the CGST Act, 2017.Based on the analysis, the Authority concluded that the application was beyond its jurisdiction as it did not fall under Section 97(2) of the CGST Act, 2017. Therefore, the application seeking clarification on the admissibility of Input Tax Credit on Clean Energy Cess paid during coal import was not admitted under Section 98(2) of the CGST Act, 2017.