GST- Directions under Section 168 of the CGST Act regarding non- transition of CENVAT credit under section 140 of CGST Act or non- utilization thereof in certain cases- _ Circular No. 33/07/2018-GST dated 23.02.2018- Communication thereof
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Non-transition of CENVAT credit: disputed or blocked credits cannot be used; recovery with interest and penalty follows. CENVAT credit adjudicated as inadmissible and credited to the electronic credit ledger shall not be utilised to discharge GST or IGST liabilities until the adverse order remains in force, and any utilisation will be recovered with interest and penalty; likewise, ineligible transitioned amounts (blocked credit) shall not be utilised and will be recoverable with interest and penalty. Taxpayers with disputed or blocked credit above the specified threshold must furnish an undertaking to the jurisdictional Central Government officer that such credit has not been availed or will not be utilised as transitional credit.
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.
Non-transition of CENVAT credit: disputed or blocked credits cannot be used; recovery with interest and penalty follows.
CENVAT credit adjudicated as inadmissible and credited to the electronic credit ledger shall not be utilised to discharge GST or IGST liabilities until the adverse order remains in force, and any utilisation will be recovered with interest and penalty; likewise, ineligible transitioned amounts (blocked credit) shall not be utilised and will be recoverable with interest and penalty. Taxpayers with disputed or blocked credit above the specified threshold must furnish an undertaking to the jurisdictional Central Government officer that such credit has not been availed or will not be utilised as transitional credit.
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