Dead Credits and Transitional Limits: CESTAT Larger Bench on Refund of Education and Krishi Kalyan Cess under GST

Transition of cess credits: abolished cess balances are dead credits, not eligible for GST transition or cash refunds.

Unutilised Education Cess, Secondary & Higher Education Cess and Krishi Kalyan Cess balances whose utilisation was limited to the same cess and whose levies were abolished became dead CENVAT credits; they were not eligible for transition under the exhaustive list in Section 140 and its Explanations, and Section 142(3) only prescribes payment in cash where refund is otherwise due under existing law, not a new substantive right to refund or a means to evade pre GST limitation.