Central Goods and Services Tax (Amendment) Act, 2018-Clarification regarding Section 140(1) of CGST Act, 2017

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....र (दिल्ली-I) तीसरा तल, ई, आई. एल. एनेक्सी बिल्डिंग, प्लॉट सं. 2B, भिकाजी कामा प&#2376....

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.... Section 140(1) of the CGST Act, 2017 be amended with retrospective effect to allow transition Of CENVAT credit under the existing law viz. Central Excise and Service Tax law, only in respect of "eligible duties". In this regard, doubts have been expressed as to whether the expression "eligible duties" would include CENVAT credit of Service Tax within its scope or not. 3. Therefore, in exercise....

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....intention behind the amendment of Section 140(1) to include the expression "eligible duties" has been indicated in the "Rationale/ Remarks" column (at Sl. No. 37) of the draft proposals for amending the GST law which was uploaded in the public domain for comments. It is clear that the transition of credit of taxes paid under Section 66B of the Finance Act, 1994 was never intended to be disallowed ....

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....eferred to in Explanation I to Section 140 or to the condition regarding inputs and input services in transit, as referred to in Explanation 2 to Section 140. 4. Further, it has been decided not to notify the clause (i) of sub-section (b) of Section 28 and clause (i) of sub-section (c) of Section 28 of CGST (Amendment) Act, 2018 which link Explanation I and Explanation 2 of Section 140 to Secti....