9911796707
TMI Blog2025 (2) TMI 620X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 4,64,70,985/- as input tax credit under the CGST. There is also a provision for taking input tax credit of duty paid on the goods received in the months of April, May, June 2017. In other words all the credit, which was lying in balance in the books of accounts as Cenvat credit or Cenvat credit which the respondent could have availed but for the introduction of CGST Act, could be transitioned ITC under CGST. There is no dispute that the entire disputed Cenvat credit was admissible to the respondent as it is not the case of the Revenue that the credit was not admissible. The only case of the Revenue is that excise duty paid on input and capital goods received after 01.07.2017 could have been availed as input tax credit by entering i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and also availing Cenvat credit on inputs and capital goods. The officers of CG&ST Audit Commissionerate, Jaipur conducted audit of the records of the respondent and observed that it had availed and utilized Cenvat credit on capital goods which were received in the month of July 2017 and August 2017 (after the CGST Act had come into force). As per the transitional provisions of the CGST Act and Rules, the respondent could avail Input Tax Credit ITC under the CGST Act of the central excise duty paid on inputs and capital goods which were received after 01.07.2017 by entering it in TRAN-1 for the month of June 2017 and then transitioning the same through Table 5 (a) of TRAN-1 Form. It was also observed that the respondent had taken credit o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wrongly availed Cenvat credit. 5. Accordingly, the Additional Commissioner found that there was, at best a procedural lapse on the part of the respondent inasmuch as instead of obtaining the ITC by filing Table 7(b) of TRAN-1, the respondent took credit in their ER-1 return and transitioned it to ITC through Table 5(a) of TRAN-1. He also ascertained through letters from the Jurisdictional Assistant Commissioner that the respondent was eligible to avail Cenvat credit under dispute. Accordingly, he dropped the proceedings. 6. Aggrieved, department filed an appeal before Commissioner (Appeals) who, in the impugned order, concurred with the decision of the Additional Commissioner and held that the respondent was eligible for Cenvat credit amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he goods received in the months of April, May, June 2017. In other words all the credit, which was lying in balance in the books of accounts as Cenvat credit or Cenvat credit which the respondent could have availed but for the introduction of CGST Act, could be transitioned ITC under CGST. 11. There is no dispute that the entire disputed Cenvat credit was admissible to the respondent as it is not the case of the Revenue that the credit was not admissible. The only case of the Revenue is that excise duty paid on input and capital goods received after 01.07.2017 could have been availed as input tax credit by entering in Table 7 (b) of TRAN-1, but the respondent wrongly took it as Cenvat credit in its excise return ER-1 for the month of June ..... X X X X Extracts X X X X X X X X Extracts X X X X
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