Skip to main content

GST Update: Refund of education cess and secondary and higher education cess lying unutilized as on 30-6-2017 is admissible and payable in cash

[2021] 132 taxmann.com 165 (Ahmedabad - CESTAT)[09-11-2021]

 

GST Update:

Refund of education cess and secondary and higher education cess lying unutilized as on 30-6-2017 is admissible and payable in cash

CESTAT, AHMEDABAD BENCH

Atul Ltd. vs. Commissioner of Central Excise & Service Tax-Vadodara-II

·       Refund - Cenvat credit of Education Cess - Balance of Education Cess (E-Cess) and Secondary and Higher Education Cess (SHE Cess) lying unutilized –

·       Refund claim filed for such cess on implementation of Goods and Services Tax –

·       E-Cess and SHE Cess were leviable till 28-4-2015 and not thereafter –

·       Cenvat credit of such cess paid on inputs or capital goods received in the factory on or after 1-3-2015 can be utilized for payment of excise duty as per Notification No. 12/2015-C.E. (N.T.) –

·       Accumulated credit of cess could not be utilized till 30-6-2017 by appellant –

·       Unutilised credit is assessee's money and has to be refunded –

·       Notification No. 12/2015-C.E. (N.T.) has been wrongly interpreted in impugned order that such credit could not be utilized –

·       Amount to be refunded to appellant when utilization of such accumulated credit became impossible particularly after introduction of GST –

·       Amount is refundable in cash –

·       Impugned order rejecting refund claim is set aside - Appeal allowed –

Section 142 of the Gujarat Goods And Services Tax Act, 2017 [para 5, 6, 7] [In favour of appellant]

Comments

Post a Comment

Popular posts from this blog

CBDT Instruction No 5/2014 dated 10.07.2014

Dear Members,   The Hon'ble CBDT has issued Instruction No 5/2014 dated  10.07.2014 , by which the monetary limits for filing appeals to ITAT / HIGH COURT / SUPREME COURT have been revised.   The New limits are:                                  Tax effect Appeal before ITAT                                Rs.  4,00,000/- High Court                                               Rs. 10,00,000/- Supreme Court                                        Rs. 25,00,000/-   Copy of Instruction is attached for your information.

DVAT UPDATE + INCOME TAX UPDATE

Respected Members, Greetings for the day, This is for your information please: 1. Due date for E-filing DP-1 Form extended to 31.3.16 Notn. No. 1559 dt. 1.3.16. 2. Due date for E-filing CST Form-9 extended to 31.3.16 Cir. No. 39 dt. 29.2.16.  3. Due date for E-filing of CR-II for 1 to 3 Qtrs., 15-16 extended to 15.3.16 Notn. No. 1572 dt. 1.3.16.  4. Now Digital Signatures shall be Mandatory for filing DVAT returns w.e.f. 4th Qtr.,15-16 for dealers having turnover above 50 lakhs Notn. No. 1585 dt. 1.3.16. CA YASHU GOEL 9899263490 VICE PRESIDENT SALES TAX BAR ASSOCIATION

Companies (Management and Administration) Second Amendment Rules, 2014

-- M/s N.K. Goel & Bros. www.TaxingNarad.com Chartered Accountants CA Yashu Goel 9899263490