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TRAN-1

Gnana Prakash (14 Points)

28 November 2017

Whether Education Cess, Secondary and Higher Education Cess Can be claimed as Credit In GST

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18 Replies

CA Naveen Chand (Chartered Accountant) (12729 Points)
Replied 28 November 2017

NO

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VIKAS SAINI (1157 Points)
Replied 28 November 2017

Not allowed itc in gst regime

santosh (Employee) (42 Points)
Replied 29 November 2017

then what will happen to those items
1. will it lapse

2. can we claim refund

3. book them as expenditure

pls advice with relevant provisons

Ayyasamy (GST Practitioner) (346 Points)
Replied 29 November 2017

3. book them as expenditure

santosh (Employee) (42 Points)
Replied 29 November 2017

pls substantiate with provision.

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santosh (Employee) (42 Points)
Replied 29 November 2017

provision in gst if any pls

Gnana Prakash (14 Points)
Replied 29 November 2017

For What U need an provision ??

santosh (Employee) (42 Points)
Replied 29 November 2017

hello mr . Prakash pls see my query above

santosh (Employee) (42 Points)
Replied 29 November 2017

and accordingly suggest me with a provision in law

Gnana Prakash (14 Points)
Replied 29 November 2017

For that No Provision in GST

above suggestion is based on Generally Accepted Principle that is If there is No Credit In GST obviously u should claim from Old authorities or Expense it

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Ayyasamy (GST Practitioner) (346 Points)
Replied 29 November 2017

The Transitional provisions under the CGST Act allow carryover of only the Cenvat Credit and Credit of eligible duties mentioned in the explanations given at the end of section 140. Education Cess & Secondary and Higher Education Cess are not mentioned there. Therefore these will not be carried forward as credit of these cesses is not allowed under GST

santosh (Employee) (42 Points)
Replied 29 November 2017

ayyasamy this is fine. my query is for treatment of them in our books.

u adviced to book them as expenditure.

on what basis u have asked us to book them as expenditure and for this I have seeked the provision

Gnana Prakash (14 Points)
Replied 29 November 2017

Checkout Section 140 in GST Udyog
https://play.google.com/store/apps/details?id=com.offlineappsindia.gst&referrer=utm_source%3Dsection%26utm_campaign%3Dvia_app