2025 (8) TMI 1125 - HC - GST

Blocking of electronic credit ledger upheld; senior official authorized; limit capped at Rs.13,00,000 and payment split ordered

Indian Traders, Represented by Proprietor Mr. Abdul Jalil Yasar Arabath Versus The Commercial Tax Officer, The State Tax Officer /the Commercial Tax Officer, The Joint Commissioner (ST)

Indian Traders, Represented by Proprietor Mr. Abdul Jalil Yasar Arabath Versus The Commercial Tax Officer, The State Tax Officer /the Commercial Tax ... ISSUES PRESENTED AND CONSIDERED 1. Whether an officer below the rank of Assistant Commissioner may block debit from the electronic credit ledger (ECL) under Rule 86A of the GST Rules absent specific authorisation as per the CBIC circular dated 02.11.2021. 2. Whether Rule 86A permits 'negative blocking' - i.e., issuance of a blocking order when there is no positive balance in the ECL, thereby creating a lien over future credits. 3. Whether a blocking order under Rule 86A must be preceded by communication of reasons and/or an opportunity of hearing to the assessee before it is effected. 4. The scope and effect of a blocking order under Rule 86A - specifically whether it constitutes appropriation/recovery or merely a lien/security, and the limits on subsequent appropriation absent adjudication. 5. Interim relief balancing the interests of revenue and the assessee where blocking has been effected and show-cause proceedings under Section 74 (DRC 01) are pending. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Authority to exercise power under Rule 86A in light of CBIC Circular 02.11.2021 Legal framework: Rule 86A authorises the 'Commissioner or an officer authorised by him' to not allow debit from the ECL where credit is fraudulently availed or ineligible. The CBIC circular (02.11.2021) advises hierarchical authorisation of officers (monetary slabs tied to rank). Precedent Treatment: Conflicting High Court views exist: some decisions emphasise strict adherence to delegated-authority limits in the circular; others treat internal authorisation as an administrative prerogative subject to senior sanction. Interpretation and reasoning: The Court construed the circular as administrative guidance for internal authorisation and accepted that where a blocking order was passed by a State Tax Officer with the sanction/permission of a senior officer, jurisdictional objection cannot be sustained. The Court noted a clear embargo in Rule 86A against delegation below Assistant Commissioner but construed the practical effect to permit internal authorisation by a senior official rather than nullifying the action where such sanction exists. Ratio vs. Obiter: Ratio - where there is evidence or a reasonable inference that senior authorisation was accorded, a State Tax Officer's issuance of a blocking order will not be set aside on jurisdictional grounds merely because a lower-ranked officer signed the blocking entry. Obiter - broader questions about mandatory forms of authorisation and the consequences of absence of any senior sanction were not exhaustively decided. Conclusion: The Court refused to invalidate the blocking on jurisdictional grounds, construing the circular as not ousting the power where senior authorisation exists or can reasonably be inferred. Issue 2 - Permissibility of negative blocking under Rule 86A Legal framework: Rule 86A empowers an authorised officer to 'not allow debit' of electronic credit equal to ineligible or fraudulently availed input tax credit; the text does not expressly require a positive ECL balance at the time of order. Precedent Treatment: Conflicting authorities: Division Bench of Delhi High Court (followed by Supreme Court denial of SLP by revenue) held against negative blocking; other High Courts (Allahabad, Calcutta, Andhra Pradesh) and a Single Judge of this Court have upheld negative blocking as permissible and constituting a lien on future credits. Interpretation and reasoning: The Court adopted the purposive construction: Rule 86A's object is to secure revenue by preventing utilisation of fraudulently availed credit. A literal requirement of positive balance would defeat that object by permitting subsequent utilisation. The Court relied on earlier reasoning that 'not allow debit' creates a lien, not appropriation, and that such lien may attach to future credits up to the limit specified in the blocking order. Ratio vs. Obiter: Ratio - negative blocking is within the scope of Rule 86A; an order can create a lien over future credits to the extent specified even when the ECL shows zero or insufficient balance at the time of order. Obiter - the Court noted conflicting precedents and identified that some benches reached contrary conclusions without addressing later parts of the Rule; those distinctions were noted but do not form part of the core ratio adopted. Conclusion: Negative blocking is permissible under Rule 86A; a blocking order may be effective to the extent of future credits, subject to limits on appropriation (see Issue 4). Issue 3 - Requirement of reasons and opportunity before blocking under Rule 86A Legal framework: Rule 86A does not expressly set out pre-decisional hearing requirements; principles of legitimate expectation and procedural fairness may apply; prior judicial observations have emphasised objective satisfaction and communication of reasons where feasible. Precedent Treatment: Prior orders of this Court and others have stressed the need for objective satisfaction and written reasons communicated to the assessee; however, urgency to protect revenue has also been recognised as a justification for interim measures. Interpretation and reasoning: The petitioner argued absence of reasons/opportunity as fatal. The Court observed that Rule 86A requires the officer's satisfaction and that reasons are relevant, but concluded that in the present facts a show-cause notice (DRC 01) had been issued subsequently and that the internal authorisation likely existed. Given pending adjudication under Section 74, the Court did not annul the blocking solely on procedural grounds but balanced procedural concerns with revenue protection. Ratio vs. Obiter: Obiter - while procedural fairness and objective reasons are important, the Court did not hold that their absence automatically vitiates every blocking order; the finding was contextual and tied to the existence of subsequent show-cause proceedings. The decisive ratio was management of interim relief rather than pronouncement of an absolute rule. Conclusion: Absence of prior reasons/opportunity is a relevant factor but in the present case did not mandate vacating the blocking order given subsequent show-cause proceedings and inferred senior authorisation; procedural objections were not accepted as a ground for outright interference. Issue 4 - Nature and consequences of a blocking order: lien vs. appropriation/recovery Legal framework: Rule 86A uses the phrase 'not allow debit,' distinguishing blocking from appropriation or recovery which require adjudication and statutory recovery processes under the GST enactments. Precedent Treatment: Leading High Court judgments have held Rule 86A to create a lien/security over ECL amounts and future credits but not to transfer title to the revenue or effect appropriation except through due adjudication and recovery mechanisms. Interpretation and reasoning: The Court followed the view that blocking creates a lien - it prevents utilisation but does not itself appropriate or adjust the credit in revenue's favour; appropriation/adjustment requires adjudication or expiry of appeal timelines per statutory recovery provisions. Therefore, even where blocking extends to future credits, utilisation cannot be appropriated by revenue except in accordance with law. Ratio vs. Obiter: Ratio - Rule 86A operates as a security mechanism (lien) up to the amount specified; it is not a recovery or appropriation provision, and any transfer of credit to revenue must follow statutory recovery channels. Conclusion: Blocking orders operate as liens over existing and future ECL credits up to the specified limit; revenue cannot appropriate such credits except through adjudicatory and recovery processes prescribed by law. Issue 5 - Interim balancing direction where blocking has been effected and show-cause proceedings are pending Legal framework: Courts may craft interim directions to balance competing public interest in revenue protection and the assessee's right to carry on business, pending final adjudication under the GST enactments. Precedent Treatment: Courts have fashioned proportionate interim measures (partial de-blocking, deposit directions, split utilisation) to prevent commercial strangulation while preserving revenue security. Interpretation and reasoning: Considering existing blocked amounts and ongoing DRC 01 proceedings, the Court directed that a specified further sum be blocked and that, going forward, the petitioner must discharge future tax liabilities 50% in cash and 50% from the ECL for one year or until final adjudication, with liberty to seek relaxation. This direction balanced protection of revenue interest with mitigating business hardship. Ratio vs. Obiter: Ratio - the Court demonstrated authority to impose proportionate interim conditions (partial cash/credit split and fixed blocking quantum) to preserve interests of both parties pending final decision. Obiter - the exact proportions/duration are fact-specific and not laid down as a universal template. Conclusion: Interim relief was denied in the form of full de-blocking; instead a restrained regime (fixed blocked quantum and 50:50 split for future liabilities) was ordered for one year or until final adjudication, with an option to seek relaxation on changed circumstances.