Transitional CENVAT credit carried forward through TRAN-1 does not by itself permit CGST recovery proceedings to determine pre-GST admissibility.
Case-Laws
GST
Section 73 of the CGST Act, 2017 cannot be used to determine the admissibility of CENVAT credit under the erstwhile law merely because the credit was transitioned through TRAN-1. Proceedings concerning contraventions of the earlier enactments remain preserved under the repeal-and-saving provision. An assertion that a dispute concerns statutory verification of transitional credit does not, without more, establish a distinguishing legal issue. Recovery proceedings based on such an invocation of section 73 lack subject-matter jurisdiction.
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