Eye Share: Constitutionality of Amendments Denying Transition of Credit on Cesses

The Government has always maintained that credit attributable to cesses (Education Cess, Secondary and Higher Education Cess and Krishi Kalyan Cess) under the erstwhile regime could not be transitioned as ITC under the GST regime. However, owing to the absence of law to support its stand, a retrospective amendment through Sec. 28 of the Central Goods and Services Tax (Amendment) Act, 2018 to Sec. 140 and Explanations thereof was introduced.Mr. Lalitendra Gulani along wit...