Transitional Credit of EC, SHEC & KKC can be carried forward under GST regime: High Court
[Sutherland Global Services (P.) Ltd. v.Asst. Commissioner CGST & Central Excise [2019] 111 taxmann.com 264 (Madras)]
The Madras High Court has allowed the writ petition filed by Sutherland Global against notice issued asking them to reverse the transitional credit of Education Cess (EC), Secondary and Higher
Education Cess (SHEC) and Krishi Kalyan Cess (KKC) availed by them.
The Honorable Court has held that the credit of Education Cess, Secondary & higher Education Cess & KKC cannot be said to be wiped out unless there is a specific order under which it lapses. The department had not restricted the transitioning of credit of EC, SHEC and KKC into the GST regime, if the assessee satisfies all conditions stated in the transitional credit provisions in GST, the credit of EC, SHEC and KKC can be carried forward under GST regime.
[Sutherland Global Services (P.) Ltd. v.Asst. Commissioner CGST & Central Excise [2019] 111 taxmann.com 264 (Madras)]
The Madras High Court has allowed the writ petition filed by Sutherland Global against notice issued asking them to reverse the transitional credit of Education Cess (EC), Secondary and Higher
Education Cess (SHEC) and Krishi Kalyan Cess (KKC) availed by them.
The Honorable Court has held that the credit of Education Cess, Secondary & higher Education Cess & KKC cannot be said to be wiped out unless there is a specific order under which it lapses. The department had not restricted the transitioning of credit of EC, SHEC and KKC into the GST regime, if the assessee satisfies all conditions stated in the transitional credit provisions in GST, the credit of EC, SHEC and KKC can be carried forward under GST regime.
No comments:
Post a Comment