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    <title>Education cesses not transitional credit under Section 140(1); time-barred refunds under Sections 11B CEA and 142(3) CGST.</title>
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    <description>CESTAT (LB) held that Education Cess, Secondary and Higher Education Cess, and Krishi Kalyan Cess could not be transitioned as Cenvat credit under s.140(1) CGST Act via TRAN-1, as these cesses were excluded from &quot;eligible duties&quot; and had already been subsumed in 2015 with no corresponding levy under GST. The appellant&#039;s act of consolidating such cesses in TRAN-1 did not create any vested right to input tax credit. CESTAT further held that cash refund of accumulated cesses was governed by s.11B CEA and the applicable limitation; since the blockage occurred in 2015 and refund was claimed only in 2021, the claims were hopelessly time-barred. Relief under s.142(3) CGST Act was denied, and refund was rejected.</description>
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    <pubDate>Wed, 26 Nov 2025 10:42:59 +0530</pubDate>
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      <title>Education cesses not transitional credit under Section 140(1); time-barred refunds under Sections 11B CEA and 142(3) CGST.</title>
      <link>https://www.taxtmi.com/highlights?id=94513</link>
      <description>CESTAT (LB) held that Education Cess, Secondary and Higher Education Cess, and Krishi Kalyan Cess could not be transitioned as Cenvat credit under s.140(1) CGST Act via TRAN-1, as these cesses were excluded from &quot;eligible duties&quot; and had already been subsumed in 2015 with no corresponding levy under GST. The appellant&#039;s act of consolidating such cesses in TRAN-1 did not create any vested right to input tax credit. CESTAT further held that cash refund of accumulated cesses was governed by s.11B CEA and the applicable limitation; since the blockage occurred in 2015 and refund was claimed only in 2021, the claims were hopelessly time-barred. Relief under s.142(3) CGST Act was denied, and refund was rejected.</description>
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      <pubDate>Wed, 26 Nov 2025 10:42:59 +0530</pubDate>
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