The assessee filed the Service Tax Return for Apr-June 2017 in August 2017. Howvere after filing the return it was noticed that due to typographical error the CENAVT credit was claimed less. It was Rs. 7,25,49,965 (7.25 Crores) whereas it was wrongly typed as 75,49,965 (the figure 2 was omitted). So the assessee revised the Service Tax return in Sep 2017 and calimed the correct credit Rs. 7.25 crores in Tran-01 form. Whether the claim on the basis of revised return is barred u/s 140(8) of the CGST Act? if yes what is the option available because the time limit to claim refund u/s 140(9)(b) has also expired?
Please suggest
Assessee Seeks Clarity on Revised CENVAT Credit Claim Amid Expired Refund Time Limit Under Section 140(8) CGST Act An assessee discovered a typographical error in their Service Tax Return for April-June 2017, where the CENVAT credit was understated. The correct amount was Rs. 7.25 crores, but it was mistakenly reported as Rs. 75,49,965. The return was revised in September 2017 to claim the correct amount. The query seeks advice on whether the revised claim is barred under Section 140(8) of the CGST Act, as the time limit for claiming a refund under Section 140(9)(b) has expired. Respondents suggest that while the department may view the claim unfavorably, legal precedents and interpretations may support the assessee's case. (AI Summary)
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