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TMI BlogClarification regarding procedure for recovery of arrears under the existing law and reversal of inadmissible input tax creditX X X X Extracts X X X X X X X X Extracts X X X X ..... Taxes Customs [CBIC] has issued a Circular No. 42/16/2018-GST dated 13 April, 2018 for the Trade and as well as all concerned regarding clarification on procedure for recovery of arrears under the existing law and reversal of inadmissible input tax credit. Kind attention is invited to the provisions of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the CGST Act) relating to the recovery of arrears of central excise duty /service tax and CENVAT credit thereof, CENVAT credit carried forward erroneously and related interest, penalty or late fee payable arising as a result of the proceedings of assessment, adjudication, appeal etc. initiated before, on or after the appointed date under the provisions of the existi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40 of the CGST Act subject to the conditions prescribed therein. Any credit which is not admissible in terms of section 140 of the CGST Act shall not be allowed to be transitioned or carried forward and the same shall be recovered as an arrear of tax under section 79 of the CGST Act. iii) Recovery of arrears of central excise duty and service tax: a. Where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes recoverable, the same shall, unless recovered under the existing law, be recovered as arrear of tax under the CGST Act [Section 142(8) of the CGST Act refers]. b. If due to any proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vered as central tax liability to be paid through the utilization of amounts available in the electronic credit ledger or electronic cash ledger of the registered person, and the same shall be recorded in Part II of the Electronic Liability Register (FORM GST PMT-01). (b) The arrears of central excise duty, service tax or wrongly availed CENVAT credit thereof under the existing law arising out of any of the situations discussed in para 3 above, shall, unless recovered under the existing law, be recovered as central tax liability to be paid through the utilization of amounts available in the electronic credit ledger or electronic cash ledger of the registered person, and the same shall be recorded in Part II of the Electronic Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the introduction of GST. However, with effect from 1st of April, 2018, the return filing shall continue on www.aces.gov.in but the payment shall be made through the ICEGATE portal. As the registered person shall be automatically taken to the payment portal on filing of the return, the user interface remains the same for him. 4.4 Recovery of arrears from assessees under the existing law in cases where such assessees are not registered under the CGST Act, 2017: Such arrears shall be recovered in cash, under the provisions of the existing law and the payment of the same shall be made as per the procedure mentioned in para 4.3 supra. This Trade Notice is being issued so as to sensitize the trade and field formations about the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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