Section 142:
Miscellaneous transitional provisions.
(1) Where any goods on which duty, if any, had been
paid under the existing law at the time of removal thereof, not being earlier than six months prior to the
appointed day, are returned to any place of business on or after the appointed day, the registered person shall
be eligible for refund of the duty paid under the existing law where such goods are returned by a person, other
than a registered person, to the said place of business within a period of six months from the appointed day
and such goods are identifiable to the satisfaction of the proper officer:
Provided that if the said goods are returned by a registered person, the return of such goods shall be
deemed to be a supply.
(2) (a) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods
or services or both is revised upwards on or after the appointed day, the registered person who had
removed or provided such goods or services or both shall issue to the recipient a supplementary invoice or
debit note, containing such particulars as may be prescribed, within thirty days of such price revision and
for the purposes of this Act such supplementary invoice or debit note shall be deemed to have been issued
in respect of an outward supply made under this Act;
(b) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods or
services or both is revised downwards on or after the appointed day, the registered person who had removed
or provided such goods or services or both may issue to the recipient a credit note, containing such
particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act
such credit note shall be deemed to have been issued in respect of an outward supply made under this Act:
Provided that the registered person shall be allowed to reduce his tax liability on account of issue of
the credit note only if the recipient of the credit note has reduced his input tax credit corresponding to
such reduction of tax liability.
(3) Every claim for refund filed by any person before, on or after the appointed day, for refund of any
amount of CENVAT credit, duty, tax, interest or any other amount paid under the existing law, shall be
disposed of in accordance with the provisions of existing law and any amount eventually accruing to him
shall be paid in cash, notwithstanding anything to the contrary contained under the provisions of existing law
other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944):
Provided that where any claim for refund of CENVAT credit is fully or partially rejected, the amount
so rejected shall lapse:
Provided further that no refund shall be allowed of any amount of CENVAT credit where the balance
of the said amount as on the appointed day has been carried forward under this Act.
(4) Every claim for refund filed after the appointed day for refund of any duty or tax paid under existing
law in respect of the goods or services exported before or after the appointed day, shall be disposed of in
accordance with the provisions of the existing law:
Provided that where any claim for refund of CENVAT credit is fully or partially rejected, the amount
so rejected shall lapse:
Provided further that no refund shall be allowed of any amount of CENVAT credit where the balance
of the said amount as on the appointed day has been carried forward under this Act.
(5) Every claim filed by a person after the appointed day for refund of tax paid under the existing law in
respect of services not provided shall be disposed of in accordance with the provisions of existing law and
any amount eventually accruing to him shall be paid in cash, notwithstanding anything to the contrary
contained under the provisions of existing law other than the provisions of sub-section (2) of section 11B
of the Central Excise Act, 1944 (1 of 1944).
(6) (a) every proceeding of appeal, review or reference relating to a claim for CENVAT credit initiated
whether before, on or after the appointed day under the existing law shall be disposed of in accordance with
the provisions of existing law, and any amount of credit found to be admissible to the claimant shall be
refunded to him in cash, notwithstanding anything to the contrary contained under the provisions of existing
law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944)
and the amount rejected, if any, shall not be admissible as input tax credit under this Act:
Provided that no refund shall be allowed of any amount of CENVAT credit where the balance of the
said amount as on the appointed day has been carried forward under this Act;
(b) every proceeding of appeal, review or reference relating to recovery of CENVAT credit initiated
whether before, on or after the appointed day under the existing law shall be disposed of in accordance with
the provisions of existing law and if any amount of credit becomes recoverable as a result of such appeal,
review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax
under this Act and the amount so recovered shall not be admissible as input tax credit under this Act.
(7) (a) every proceeding of appeal, review or reference relating to any output duty or tax liability
initiated whether before, on or after the appointed day under the existing law, shall be disposed of in
accordance with the provisions of the existing law, and if any amount becomes recoverable as a result of
such appeal, review or reference, the same shall, unless recovered under the existing law, be recovered
as an arrear of duty or tax under this Act and the amount so recovered shall not be admissible as input
tax credit under this Act.
(b) every proceeding of appeal, review or reference relating to any output duty or tax liability initiated
whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with
the provisions of the existing law, and any amount found to be admissible to the claimant shall be refunded to
him in cash, notwithstanding anything to the contrary contained under the provisions of existing law other
than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944) and the
amount rejected, if any, shall not be admissible as input tax credit under this Act.
(8) (a) where in pursuance of an assessment or adjudication proceedings instituted, whether before,
on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes
recoverable from the person, the same shall, unless recovered under the existing law, be recovered as an
arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under
this Act;
(b) where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after
the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes refundable to the
taxable person, the same shall be refunded to him in cash under the said law, notwithstanding anything to the
contrary contained in the said law other than the provisions of sub-section (2) of section 11B of the Central
Excise Act, 1944 (1 of 1944) and the amount rejected, if any, shall not be admissible as input tax credit under
this Act.
(9) (a) where any return, furnished under the existing law, is revised after the appointed day and if,
pursuant to such revision, any amount is found to be recoverable or any amount of CENVAT credit is found to
be inadmissible, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under
this Act and the amount so recovered shall not be admissible as input tax credit under this Act;
(b) where any return, furnished under the existing law, is revised after the appointed day but within the
time limit specified for such revision under the existing law and if, pursuant to such revision, any amount is
found to be refundable or CENVAT credit is found to be admissible to any taxable person, the same shall be
refunded to him in cash under the existing law, notwithstanding anything to the contrary contained in the said
law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944 (1 of 1944) and
the amount rejected, if any, shall not be admissible as input tax credit under this Act.
(10) Save as otherwise provided in this Chapter, the goods or services or both supplied on or after the
appointed day in pursuance of a contract entered into prior to the appointed day shall be liable to tax
under the provisions of this Act.
(11) (a) notwithstanding anything contained in section 12, no tax shall be payable on goods under this
Act to the extent the tax was leviable on the said goods under the Value Added Tax Act of the State;
(b) notwithstanding anything contained in section 13, no tax shall be payable on services under this
Act to the extent the tax was leviable on the said services under Chapter V of the Finance Act, 1994
(32 of 1994);
(c) where tax was paid on any supply both under the Value Added Tax Act and under Chapter V of the
Finance Act, 1994 (32 of 1994), tax shall be leviable under this Act and the taxable person shall be entitled to take credit of value added tax or service tax paid under the existing law to the extent of supplies made after
the appointed day and such credit shall be calculated in such manner as may be prescribed.
(12) Where any goods sent on approval basis, not earlier than six months before the appointed day,
are rejected or not approved by the buyer and returned to the seller on or after the appointed day, no tax
shall be payable thereon if such goods are returned within six months from the appointed day:
Provided that the said period of six months may, on sufficient cause being shown, be extended by the
Commissioner for a further period not exceeding two months:
Provided further that the tax shall be payable by the person returning the goods if such goods are
liable to tax under this Act, and are returned after a period specified in this sub-section:
Provided also that tax shall be payable by the person who has sent the goods on approval basis if such
goods are liable to tax under this Act, and are not returned within a period specified in this sub-section.
(13) Where a supplier has made any sale of goods in respect of which tax was required to be deducted
at source under any law of a State or Union territory relating to Value Added Tax and has also issued an
invoice for the same before the appointed day, no deduction of tax at source under section 51 shall be
made by the deductor under the said section where payment to the said supplier is made on or after the
appointed day.
Explanation.--For the purposes of this Chapter, the expressions "capital goods", "Central Value
Added Tax (CENVAT) credit", "first stage dealer", "second stage dealer", or "manufacture" shall have
the same meaning as respectively assigned to them in the Central Excise Act, 1944 (1 of 1944) or the
rules made thereunder