Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
CESTAT held that Education Cess, Secondary Higher Education Cess, and Krishi Kalyan Cess credits carried forward under pre-GST regime are not refundable. The amendment to Section 140(1) of CGST Act, 2017 retrospectively excluded cesses from "eligible duties and taxes" definition, rendering such credits inadmissible for GST utilization. The transitional provisions specifically preclude transmission of these cess credits through Tran-1 form. Consequently, the appellant's claim for refund was rejected, and the Commissioner (Appeals) order was upheld without any legal or factual infirmities.
CESTAT held that Education Cess, Secondary Higher Education Cess, and Krishi Kalyan Cess credits carried forward under pre-GST regime are not refundable. The amendment to Section 140(1) of CGST Act, 2017 retrospectively excluded cesses from "eligible duties and taxes" definition, rendering such credits inadmissible for GST utilization. The transitional provisions specifically preclude transmission of these cess credits through Tran-1 form. Consequently, the appellant's claim for refund was rejected, and the Commissioner (Appeals) order was upheld without any legal or factual infirmities.
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