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TMI BlogSikkim Goods and Services Tax (Amendment) Act, 2018-Clarification regarding section 140(1) of the SGST Act, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... CIRCULAR Sub: Sikkim Goods and Services Tax (Amendment) Act, 2018-Clarification regarding section 140(1) of the SGST Act, 2017-reg. Attention is invited to sub-section (a) of section 28 of the SGST (Amendment) Act, 2018 (No. 31 of 2018) which provides that section 140(1) of the SGST Act, 2017 be amended with retrospective effect to allow transition of CENVAT credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) The amendment in provisions of section 140(1) and the explanations to section 140 need to be read harmoniously such that neither any provision ofthe amendment becomes otiose nor does the legislative intent of the amendment get defeated. ii) The intention behind the amendment of section 140(1) to include the expression eligible duties has been indicated in the Rationale/ Remarks c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) of explanation 2 to section 140, since the expression eligible duties and taxes has not been used elsewhere in the Act. 3.3 The expression eligible duties under section 140(1) does not in any way refer to the condition regarding goods in stock as referred to in Explanation 1 to section 140 or to the condition regarding inputs and input services in transit, as referred to in Explana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be allowed in terms of Explanation 3 to section 140, inserted vide sub-section (d) of section 28 of SGST Amendment Act, 2018 which shall become effective from the date the same is notified giving it retrospective effect. Dipa Basnet Secretary Commercial Taxes Division Finance, Revenue Expenditure Deptt. FILE NO.GOS/CTD/2009-2010/16-1C (9) VO ..... X X X X Extracts X X X X X X X X Extracts X X X X
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