Employee recoveries, input tax credit and notice pay recovery under GST: AAR distinguishes taxable supplies from non-taxable perquisites and penalties...
Liberal construction of sufficient cause justifies condonation of inordinate delay where criminal proceedings and jail confinement explained the defau...
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The High Court dismissed the petition challenging the notice in Form ASMT-10 issued by the state authorities for blocking the electronic credit/cash ledger. The court held that the state authorities acted within their powers by blocking the input tax credit (ITC) u/r 86A of the GST Rules, 2017, as they had reasons to believe that the ITC of Rs. 13.10 crores was fraudulently availed. The court clarified that u/r 86A, the authorities can block the debit of an amount equivalent to the fraudulently availed ITC from the electronic credit ledger, irrespective of whether the ITC was available or already utilized. The issuance of Form DRC-01A by the central authorities for Rs. 71,798/- and remittance of the same did not determine the entire issue raised in Form ASMT-10 by the state authorities.
The High Court dismissed the petition challenging the notice in Form ASMT-10 issued by the state authorities for blocking the electronic credit/cash ledger. The court held that the state authorities acted within their powers by blocking the input tax credit (ITC) u/r 86A of the GST Rules, 2017, as they had reasons to believe that the ITC of Rs. 13.10 crores was fraudulently availed. The court clarified that u/r 86A, the authorities can block the debit of an amount equivalent to the fraudulently availed ITC from the electronic credit ledger, irrespective of whether the ITC was available or already utilized. The issuance of Form DRC-01A by the central authorities for Rs. 71,798/- and remittance of the same did not determine the entire issue raised in Form ASMT-10 by the state authorities.
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