<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2025 (11) TMI 1641 - CESTAT NEW DELHI- (LB)</title>
    <link>https://www.taxtmi.com/caselaws?id=782173</link>
    <description>CESTAT (LB) held that Education Cess, Secondary and Higher Education Cess, and Krishi Kalyan Cess, abolished in 2015, could not be transitioned as Cenvat Credit into the GST regime under Section 140(1) CGST Act. Relying on the statutory Explanations and CBEC Circular, the Tribunal concluded these cesses were excluded from &quot;eligible duties and taxes&quot; and, having been subsumed before GST without a corresponding levy under CGST, were not admissible as ITC. The Tribunal further held that refund claims for such blocked credits were governed by Section 11B CEA 1944 and had to be filed within one year from the dates of blockage in 2015; claims filed after 2016 are time-barred, and Section 142(3) CGST cannot be invoked to bypass limitation.</description>
    <language>en-us</language>
    <pubDate>Thu, 20 Nov 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 24 Nov 2025 13:18:39 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=867241" rel="self" type="application/rss+xml"/>
    <item>
      <title>2025 (11) TMI 1641 - CESTAT NEW DELHI- (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=782173</link>
      <description>CESTAT (LB) held that Education Cess, Secondary and Higher Education Cess, and Krishi Kalyan Cess, abolished in 2015, could not be transitioned as Cenvat Credit into the GST regime under Section 140(1) CGST Act. Relying on the statutory Explanations and CBEC Circular, the Tribunal concluded these cesses were excluded from &quot;eligible duties and taxes&quot; and, having been subsumed before GST without a corresponding levy under CGST, were not admissible as ITC. The Tribunal further held that refund claims for such blocked credits were governed by Section 11B CEA 1944 and had to be filed within one year from the dates of blockage in 2015; claims filed after 2016 are time-barred, and Section 142(3) CGST cannot be invoked to bypass limitation.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Thu, 20 Nov 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=782173</guid>
    </item>
  </channel>
</rss>