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Applicability of first proviso to Section 140(8) of CGST Act in case of enhancement of CENVAT credit

Section 140 of the CGST Act, 2017— Transitional Credit -- The appellant appealed against the order dated 07.08.2020 passed by appellate authority. The petitioner counsel submitted that although the statutory remedy by way of appeal is available and but the same has not been availed, in view of the fact that the GST Tribunal is not functional. The petitioner filed its return for the period 01.04.2017 and 30.06.2017 on 12.08.2017. In this return, the petitioner had claimed CENVAT credit amounting to Rs. 15,86,548/-. Thereafter, the return was revised and enhanced amount of CENVAT credit, amounting to Rs. 23,31,031/-, was claimed by the petitioner. The petitioner could not have taken recourse to the first proviso to Section 140(8) of the Act. The court observed that the matter requires examination. Held that:-The Hon’ble High Court issued notice and listed the matter on 25.05.2021.
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