9911796707
TMI Blog2018 (11) TMI 1805X X X X Extracts X X X X X X X X Extracts X X X X ..... e a revised GST TRAN-1 once within ninety days of the appointed day, which has been further extended till 27th December, 2017 vide CBEC order dated 15-11-2017, the appellant have not availed or bothered to avail such facility and instead, they filed a refund claim on 20-3-2018 which indicates the intention of getting cash of such credit by way of refund by ignoring the statutory provision. It is a fact on records that the appellant had sufficient time to file the revised GST TRAN-1 declaration as per provisions of CGST Rules supra, however, they deliberately chose not to avail such statutory remedy with a specific intention to encash the Cenvat credit. Further, the appellant has also failed to furnish any cogent reason that under which circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch was not carried forward in TRAN-1. The Adjudicating authority has rejected the said claim on the grounds that the appellant has not availed the statutory remedy as available under Rule 120A of Central Goods and Services Tax Rules, 2007 (CGST Rule); that as per the said CGST Rule, the appellant can file revised declaration in form GST TRANS-1 electronically on the common portal within time period specified and since they failed to do so, the refund in question is not admissible to them. 3. Being aggrieved with the impugned order, the appellant has filed the instant appeal on the grounds that : * Additional Cenvat credit found to be admissible pursuant to revision of returns furnished under the existing law is liable be refunded in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nything to the contrary contained in the said law other than the provisions of sub-section (2) of Section 11B of the Central Excise Act, 1944 (1 of 1944) and the amount rejected, if any, shall not be admissible as input tax credit under this Act." 7. The above referred Section stipulates that where any return furnished under existing law is revised in the CGST regime, within the time limit specified under the existing law and pursuant to such revision any amount is found to be refundable or Cenvat credit is found to be admissible, the same shall be refunded in cash under the existing law. In the instant case, the adjudicating authority has rejected the claim on the grounds that since the appellant have option to avail statutory remedy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... GST TRAN-1 electronically on the common portal within the time period specified in the said rules or such further period as may be extended by the Commissioner in this behalf. 9. The above referred Rules provides the procedure for transition of tax or duty credit earned forward under existing law or on goods held in stock on the appointed day. In the instant case, I find that the appellant has filed their return on 10-7-2017 and accordingly filed their GST TRAN-1 showing their balance credit. Further, they filed a revised return on 31-7-2017, adding the additional Cenvat credit of ₹ 1,93,866/- admissible to them. They filed a refund claim of ₹ 1,93,866/- on 20-3-2018, which was not carried forward in TRAN-1 under the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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