Credit in Tran -01 on the basis of Revised Service Tax Return

[POOJA AGARWAL]

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

AI Summary

Cenvat credit claim: correction by revised return should not be denied on time bar grounds, defend via departmental remedies and litigation.
Taxpayer corrected a typographical underclaim of CENVAT credit by filing a revised return and Tran-01. Experts opine the additional credit was admissible irrespective of the revised filing, so time-bar or revised-return restrictions should not defeat the claim. An audit query and pre-SCN notice were issued; practitioners advise exhausting departmental remedies and defending through litigation. One view offered is that, if a refund route applies, there may be no prescribed time limit under central excise or GST refund provisions to recover the additional credit, though this remains an opinion.