Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
11 rulings found
Karnataka High Court
Where supplier LLP's ITC was blocked on GST portal without prior intimation or pre-decisional hearing and basis for blocking was only an advisory communication pending verification, mechanical blocking without affording hearing was unjustified, thus requiring ITC to be unblocked forthwith and permitting fresh proceedings only after due notice and opportunity of hearing to assessee
Delhi High Court
Where petitioner’s ITC in electronic credit ledger was blocked under Rule 86A, requested adjustment of blocked credit for pre-deposit against confirmed IGST demand was declined, since blocking does not constitute payment or appropriation towards an adjudicated demand and debit cannot occur until restriction is removed or modified, thus only unblocked ECL credit may be used for pre-deposit, not mandatorily cash ledger
Madras High Court
Where electronic credit ledger was blocked under Rule 86A for alleged wrongful ITC and petitioner filed appeal with pre-deposit from cash ledger, deemed stay operated for recovery of balance, so no appropriation could be made from blocked credit ledger or cash ledger, though blocking under Rule 86A continued and unblocking request required consideration by authorities
Madras High Court
Where assessee’s credit ledger was blocked under rule 86A pending appeal on wrongful ITC availment and statutory pre-deposit was made from electronic cash ledger, blocking under rule 86A remained provisional and capped at one year, deemed stay on recovery operated from appeal filing, prohibiting appropriation but not affecting ongoing blocking, thus unblocking request required consideration within rule 86A framework
Madras High Court
Where petitioner's electronic credit ledger was blocked under Rule 86A upon finding of bill trading by supplier, and petitioner sought to use blocked ITC for appellate pre-deposit under Section 49(4) read with Section 107, use of credit ledger for pre-deposit is ordinarily permitted but is barred when credit stands blocked, as Section 49(4) does not confer absolute right to such use during blockage
Madras High Court
Where assessee obtained interim stay against recovery measures initiated following assessment, such stay order only suspended recovery action and did not affect prior blocking of electronic credit ledger, meaning amounts in electronic credit ledger could not be debited for recovery during validity of stay, but order itself did not unfreeze or impact pre-existing ledger blockage. GST: Where electronic credit ledger was blocked after assessment for recovery of dues, such negative blocking fell within recovery modes under Section 79, as its wide ambit covers deduction from money or goods, garnishee action, distraint and sale, and recovery with Collector or Magistrate assistance, whereas Rule 86A deals only with provisional restriction before liability determination, so plea against negative blocking under Section 79 was rejected
Madras High Court
Where registered trader's input tax credit in electronic credit ledger was blocked for over two years despite express rule limiting restriction period to one year, such continued blockage was invalid as the rule mandated unblocking after one year, and internal communication could not lawfully justify extension of restriction beyond statutory limit
Rajasthan High Court
Where petition challenged respondents' blocking of ITC credited in electronic credit ledger for noncompliance with Rule 86A, alleging absence of recorded reasons and precondition satisfaction, and ledger subsequently became unblocked by operation of law during proceedings, since mandatory requirements of Rule 86A were not complied and substantive relief was spent, petition was disposed with a caution of future liability for noncompliance
Jammu & Kashmir and Ladakh High Court
Where construction company’s electronic credit ledger was blocked under Rule 86A by Additional Commissioner without recorded reasons or prior hearing, such action, though Rule 86A does not specify hearing, violated principles of natural justice due to serious civil consequences, and order was set aside as arbitrary and passed in breach of audi alteram partem
Karnataka High Court
Where respondent blocked petitioner's input tax credit under Rule 86A alleging use of fake invoices without prior notice or adherence to procedure, impugned blocking failed to conform to settled legal principles and thus same was to be quashed with direction to immediately unblock electronic credit ledger and permit fresh proceedings only in accordance with prescribed Rule 86A procedure
Madras High Court
Where manufacturer of TMT steel bars had credits blocked under Rule 86A due to evidence that four supplier premises were vacant with no infrastructure, no vehicle movements were recorded for alleged deliveries, and documentation anomalies indicated fake transactions, power to block ITC was validly exercised based on adequate material, and writ seeking unblocking was not justified