Page 76 - GSTL_7th May 2020_Vol 36_Part 1

34 GST LAW TIMES [ Vol. 36
(i) the additional duty of excise leviable under Section 3 of the
Additional Duties of Excise (Goods of Special Importance)
Act, 1957;
(ii) the additional duty leviable under sub-section (1) of Section 3
of the Customs Tariff Act, 1975;
(iii) the additional duty leviable under sub-section (5) of Section 3
of the Customs Tariff Act, 1975;
(iv) omitted
(v) the duty of excise specified in the First Schedule to the Central
Excise Tariff Act, 1985;
(vi) the duty of excise specified in the Second Schedule to the Cen-
tral Excise Tariff Act, 1985; and
(vii) the National Calamity Contingent Duty leviable under Section
136 of the Finance Act, 2001,
in respect of inputs held in stock and inputs contained in semi-finished or
finished goods held in stock on the appointed day.
Explanation 2. - For the purposes of sub-sections (1) and (5), the expression
“eligible duties and taxes” means-
(i) the additional duty of excise leviable under section 3 of the
Additional Duties of Excise (Goods of Special Importance)
Act, 1957;
(ii) the additional duty leviable under sub-section (1) of section 3
of the Customs Tariff Act, 1975;
(iii) the additional duty leviable under sub-section (5) of section 3
of the Customs Tariff Act, 1975;
(iv) omitted
(v) the duty of excise specified in the First Schedule to the Central
Excise Tariff Act, 1985;
(vi) the duty of excise specified in the Second Schedule to the Cen-
tral Excise Tariff Act, 1985;
(vii) the National Calamity Contingent Duty leviable under section
136 of the Finance Act, 2001; and
(viii) the service tax leviable under section 66B of the Finance Act,
1994,
in respect of inputs and input services received on or after the appointed
day.
Explanation 3. - For removal of doubts, it is hereby clarified that the expres-
sion “eligible duties and taxes” excludes any cess which has not been speci-
fied in Explanation 1 or Explanation 2 and any cess which is collected as
additional duty of customs under sub-section (1) of section 3 of the Cus-
toms Tariff Act, 1975.”
Sub-sections (1), (2), (3) and (5) lay down the terms and conditions for transfer of
credit from Cenvat credit to input tax credit. Section 140(1) deals with the return
to be filed for transfer of credit under the pre-GST regime. Section 140(2) deals
with transferring credit regarding capital goods. Credit of eligible duties on in-
puts or finished goods or semi-finished goods held in stock on the appointed day
and transition is dealt with under Section 140(3) of the Act. Section 140(5) refers
to transferring credit regarding inputs or input services in transit on the appoint-

GST LAW TIMES  7th May 2020  76