Adjustment of Tax demand from Unutilized Cenvat Credit not carried forward to GST regime can be claimed by Assessee without any Bar

Last updated: 28 November 2021

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The Customs Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that businesses can use unutilised CENVAT credit held as of June 30, 2017, to offset tax demands under the GST regime. The tribunal overturned a previous order that disallowed this adjustment, stating that Section 140 of the CGST Act permits such carry-forward. The ruling allows the Uttaranchal Cable Network to adjust over £14,000 in credit against their service tax demand.

Court :
CESTAT, Uttaranchal

Brief :
In Uttaranchal Cable Network v. Commissioner, Customs, Central Excise & Service Tax [Order No. 51902/2021 dated October 13, 2021] Hon'ble Customs Excise and Service Tax Appellate Tribunal ("CESTAT") held that the adjustment of the tax demand from the unutilized cenvat credit lying as on June 30, 2017 can be carried forward to the GST regime by the Assessee.

Citation :
Order No. 51902/2021 dated October 13, 2021

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1 Year PLAN

1999

(Excl. of GST ₹359)

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3499

(Excl. of GST ₹629)

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Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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