Input Credit Lying Due to Non-Submission of Trans-1

[Manish Sharma]

Dear All,

Is there any way to get CENVAT credit Refund/ adjust as we not Filed TRAN-1.

Due to non-filling of TRAN-1 we are not able to get input credit to GST. Is There any rule in which we can claim input credit Refund/adjust.

Department should refund or adjust our credit balance with CGST as department issueing demand notice assesses to deposite amount of pre-gst issues

Please Advice How we could get refund of our credit balance

[SHIVKUMAR SHARMA]

Due to non submission of TRANS1,Balance of Excise /Service tax Lying in your books are not Eligible for Refund as on date.

[Alkesh Jani]

Sir,

In this regards, my point of view is that, please file refund claim in form-R, under Section 11B (d) & (e) of Central Excise Act, with proper ground for refund. You are requested to perform this action under supervision of Experts.

Thanks

[DR.MARIAPPAN GOVINDARAJAN]

If you registered in the GST regime you are not eligible to get refund of credit that are not transferred in TRAN - 1.

[Ganeshan Kalyani]

yes you can apply for refund in erstwhile tax regime.

AI Summary

Discussion on CENVAT Credit Refunds: TRAN-1 Non-Submission Barriers and Section 11B Claims Explained. A participant in a discussion forum inquired about obtaining a refund or adjustment of CENVAT credit due to the non-submission of TRAN-1, which prevented claiming input credit under GST. Responses varied: one indicated that without TRAN-1 submission, the balance is ineligible for refund; another suggested filing a refund claim under Section 11B of the Central Excise Act with expert guidance. Another response stated that if registered under GST, refunds for untransferred credits are not possible, while a final reply mentioned applying for a refund under the previous tax regime.