Pre-GST unutilized Credit of Education Cess, SHEC and KKC eligible to be refunded

Last updated: 06 August 2022
Quick Summary
The CESTAT, Chennai Bench has ruled that unutilised cenvat credit of Education Cess, SHEC, and KKC accrued before the GST regime is eligible for refund. The tribunal set aside an order that rejected a refund claim, stating that such credits represent a vested right that does not extinguish with the change in law. The assessee is entitled to file a refund claim, subject to verification.

Court :
CESTAT, Chennai Bench

Brief :
The CESTAT, Chennai Bench in the matter ofM/sInternational Seaport Dredging Pvt.Ltd vC ommissioner of GST & Central Excise [Order no. 40249 of 2022 dated, June 17, 2022] set aside the impugned order pertaining to the rejection of refund of unutilized cenvat credit of Education Cess, Secondary and Higher Education cess ("SHEC") and Krishi Kalyan cess ("KKC") and has held that such rejection is not justified and assesses is entitled to file the refund claim.

Citation :
Order no. 40249 of 2022 dated, June 17, 2022

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Bimal Jain
Published in GST
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