Question 30:
Please tell whether the SAD (Special Additional Duty ) should be claimed as SGST or CGST in TRAN-1
Answer:
The credit of Central tax is available as per section 140 of CGST Act. In TRAN-1 
credit is to be availed as per Section 140(3). Explanation 1 to section 140(3) 
in CGST Act is as follows:- 
SECTION 140 OF CGST ACT
Explanation 1.'For the purposes of sub-sections (3), (4) and (6), the expression 
'eligible duties' 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) the additional duty of excise leviable under section 3 of the Additional 
Duties of Excise (Textile and Textile Articles) Act, 1978;
(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 Central 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.
Since, the provision for av-ailment of SAD is contained in CGST Act and not in 
SGST Act. Therefore the credit will be available in CGST. (reply dt. 05/26/2018)