9911796707
TMI Blog2019 (12) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... ut considering the fact that the earlier notices issued to Petitioner had been replied. The Respondents have followed the statutory scheme. The earlier notices were only to make inquiries, and it is only the impugned show cause notice which is a Substantive Show Cause Notice to show cause as to why the amount ₹ 4,39,44,304/-, allegedly wrongly carried forward in the GST electronic credit ledger in GST TRAN-1 statement, should not be recovered under Section 73 of the Act along with interest, and why penalty should not be imposed upon the Petitioner. There is no jurisdictional error in issuance of the impugned show cause notice. The matter is at the stage of the examination of the Petitioner s response to the show cause notice - no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, 2017 and there was a closing balance of ₹ 4,39,44,304/- on 30.06.2017 and the same was filed as TRAN-1 by you. In this connection, you are requested to submit the following documents for verification to this office within 7 days of receipt of this letter. 1. Month wise Purchase Invoices in respect of Inputs w.e.f.01.04.2016 to 30.06.2017 alongwith a chart showing details of Invoices, description of Service, Value of Invoices, Cenvat availed. 2. Month wise Purchase Invoices in respect of Capital Goods w.e.f. 01.04.2016 to 30.06.2017 alongwith a chart showing details of invoices, description of Capital Goods, Value of Invoices, Cenvat availed. 3. Electronic Credit Ledger, Electronic Cash Ledger and Electronic Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the electronic credit ledger under GST through TRAN-1 statement, which may please be reversed immediately compliance may be reported within 7 days of receipt of this letter. Please note that if no information is received by the stipulated date, necessary action will be initiated under Section 73 or 74 of the GST Act, 2017, r/w rule 121 of the GST Rules, 2017. 4. The Petitioner yet again sent its response on 21.08.2018. Another reply was sent by the Petitioner on 29.08.2018 in pursuance of a meeting held with the Respondents on 21.08.2018. The Petitioner was again issued a notice on 31.01.2019 after examining the Petitioner s earlier replies sent on 21.08.2018 and 20.11.2018, to which the Petitioner again replied on 25.02.2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17 to June 2017 received in their Centralized business premises located in various States, and hence such unavailed Cenvat credit was taken in the revised service tax return for the period April to June 2017 filed on 26.09.2017 and an amount of ₹ 4,39,44,537/- (excluding Cess) was admissible for transition in GST through Tran-1 as detailed below: Amount in INR Month Service tax SB Cess (non-creditable) KK Cess Total Remarks Feb 17 37,43,883 1,33,709 1 33,709 40,11,300 Original return for Feb Marc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of Section 140(8), ibid, restricting transition credit in GST to Centralised registered persons (separately registered in each State eligible for credit post GST) as per the balance carried forward in the original return filed within 3 months subject to reduction of credit if made in the revised return, the averments made by them were also examined. It is noted that they filed original ST-3 return covering the months Feb and March 2017 (return for October 16 to March 17) on 24.04.2017 (due date 25.04.17) and then revised the same after GST on 22.07.2017 fn which Cenvat credit was revised from ₹ 1,20,84,849/- (excluding Cess) to ₹ 1,37,73,239/- (excluding Cess), But the additional Cenvat credit of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... April to June 2017 2,39,46,285 2,77,98,689 4,77,66,719 4,77,66,7 19 Nil As per original return filed on 13.08.17 April to June 17 2,39,46,285 2,77,98,689 9,17,14,255 4,77,66,7 19 4,39,4 4,537 As per revised return filed on 26.09.17 The above data and analysis clearly establish that they have taken Cenvat credit as admissible to them during the relevant period but have filed revised return for April to June 2017 to claim ineligible credit of ₹ 4,39,44,537/- (excluding ..... X X X X Extracts X X X X X X X X Extracts X X X X
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