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    <title>2023 (12) TMI 151 - TRIPURA HIGH COURT</title>
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    <description>Transitional credit under Section 140(1) of the Tripura State GST Act is available only to the extent the underlying credit is admissible under the GST regime. The Court held that credit relating to works contract services used for construction of immovable property is barred by Section 17(5)(c) of the CGST Act, except where the service is used for further supply of works contract service, so it could not be migrated through TRAN-1 merely because it arose under the earlier VAT regime. It also accepted the concurrent finding that the transitional claim was not supported by the records before the authorities, and the demand, interest and penalty were sustained.</description>
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    <pubDate>Thu, 14 Sep 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=446467</link>
      <description>Transitional credit under Section 140(1) of the Tripura State GST Act is available only to the extent the underlying credit is admissible under the GST regime. The Court held that credit relating to works contract services used for construction of immovable property is barred by Section 17(5)(c) of the CGST Act, except where the service is used for further supply of works contract service, so it could not be migrated through TRAN-1 merely because it arose under the earlier VAT regime. It also accepted the concurrent finding that the transitional claim was not supported by the records before the authorities, and the demand, interest and penalty were sustained.</description>
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