GST – States – Trade Notice No. 23/2017-18 – Dated:- 28-2-2018 – OFFICE OF THE COMMISSIONER, GOODS & SERVICES TAX HQRS. GST BHAWAN, NAPIER TOWN, JABALPUR (M.P.) 482001 C.No. IV(16)01/Trade Notice/HQ/JBP/Tech/2017-18/ Trade Notice No. 23/2017-18 Dated 28.02.2018 Subject: Directions under Section 168 of the CGST Act regarding non-transition of CENVAT credit under section 140 of CGST Act or non-utilization thereof in certain cases-reg. Kind attention is invited to Circular No. 33/07/2018-GST dated 23rd February. 2018 issued under F.NO. 267/67/2017-0(.8 by the Under Secretary to the Govt. of India, Central Board of Excise and Customs,
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ited to the electronic credit ledger in terms of sub-section (1), (2), (3), (4), (5) (6) or (8) of section 140 of the Act, shall not be utilized by a registered taxable person to discharge his tax liability under this Act or under the IGST Act, 2017, till the order-in-original or the last order-in-appeal, as the case may be, holding that disputed credit as inadmissible is in existence. 2.2 During the period, when the last order-in-original or the last order-in-appeal, as the case may be, holding that disputed credit as inadmissible is in operation, if the said disputed credit is utilised, it is recoverable from the tax payer, with interest and penalty as per the provisions of the Act. 3. Non-transition of Blocked Cre
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r this Act or under the IGST Act, 2017, and it is recoverable from the tax payer with interest and penalty as per the provisions of the Act. 4. In all cases where the disputed credit as defined in terms of para 2.1 or blocked credit under para 3.1 is higher than Rs. ten lakhs, the taxpayers shall submit an undertaking to the jurisdictional officer of the Central Government that such credit shall not be utilized or has not been availed as transitional credit, as the case may be. In other cases of transitional credit of an amount lesser than Rs. ten lakhs, the directions as above shall apply but the need to submit the undertaking shall not apply. 5. The contents of the aforesaid Circular may please be brought to the not
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