Transition of eligible duties: service tax credit remains eligible for transition under the amended statutory provision. The amendment to section 140(1) clarifies that CENVAT credit of service tax under the prior law qualifies as transitional credit because 'eligible duties' must be read harmoniously with the explanations to section 140, and the terms 'duties' and 'taxes' are interchangeable in the statute; 'eligible duties' encompasses the categories listed in Explanation 1 and 'eligible duties and taxes' in Explanation 2, but does not import the stock-or-transit conditions of those Explanations. Transition of cesses is excluded under Explanation 3.
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.
Transition of eligible duties: service tax credit remains eligible for transition under the amended statutory provision.
The amendment to section 140(1) clarifies that CENVAT credit of service tax under the prior law qualifies as transitional credit because "eligible duties" must be read harmoniously with the explanations to section 140, and the terms "duties" and "taxes" are interchangeable in the statute; "eligible duties" encompasses the categories listed in Explanation 1 and "eligible duties and taxes" in Explanation 2, but does not import the stock-or-transit conditions of those Explanations. Transition of cesses is excluded under Explanation 3.
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