2022 (6) TMI 205

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....EMBER (JUDICIAL) AND MR. SANJIV SRIVASTAVA, MEMBER (TECHNICAL) Shri Rudrendra Singh, Advocates, for the Appellant Shri Onil Shivadikar, Assistant Commissioner, Authorised Representative for Revenue ORDER This application for rectification of mistake has been filed by the applicant on the following grounds:- "(i) INADVERTENT MENTION OF INPUT TAX CREDIT INSTEAD OF "TRAN-1 CREDIT....

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.... attached herewith as Annexure "B"). In the said letter the Assistant Commissioner Anti Evasion, CGST, Mumbai-South,  directed as follows: "On the basis of records submitted by you, it is clear that the service of Construction of Port have been exempted vide Notification No.09/2016 dated 01.03.2016. Hence from 01.03.2016, the credit availed by you is ineligible. As per rule 2(1) of C....

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....e Electronic Credit Ledger Statement is attached herewith as Annexure "C", Therefore, it is undisputed fact that the refund claim filed pertained to erroneous payment of Service Tax, under Central Excise Act, 1944 and not under CGST Act. 2017.  (c) It is also submitted that reversal of 'TRAN-I' Credit of Rs.12,04,76,770/- under 'FORM-GST DRC-03' can be ascertaine....

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....e of argument. 3.2 On the first ground, it is observed that Tran-1 is the form prescribed for transferring the cenvat credit/VAT credit available with the applicant on the date of migration to the GST regime. Credit under the existing law once transferred to GST is nothing but an input tax credit and is used in the same manner. The applicant's claim that they have reversed the Tran-1 credit and....