Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
The HC dismissed the writ petition. Rule 86A of the Central GST Rules, 2017 allows blocking of electronic credit ledger where ITC was obtained from fake/non-existent suppliers. Though the initial communication lacked detailed reasons, subsequent communications provided grounds for blocking ITC. Blocking ITC does not amount to recovery but prevents using ineligible ITC. Recording reasons initially in a cryptic manner in the order, with subsequent elaboration, meets principles of natural justice. The scheme u/r 86A is to set aside wrongfully utilized ITC, awaiting assessment/penalty order u/ss 73/74 read with Section 122 of the GST Act. The HC disagreed with the views of Gujarat and Telangana HCs on this issue.
The HC dismissed the writ petition. Rule 86A of the Central GST Rules, 2017 allows blocking of electronic credit ledger where ITC was obtained from fake/non-existent suppliers. Though the initial communication lacked detailed reasons, subsequent communications provided grounds for blocking ITC. Blocking ITC does not amount to recovery but prevents using ineligible ITC. Recording reasons initially in a cryptic manner in the order, with subsequent elaboration, meets principles of natural justice. The scheme u/r 86A is to set aside wrongfully utilized ITC, awaiting assessment/penalty order u/ss 73/74 read with Section 122 of the GST Act. The HC disagreed with the views of Gujarat and Telangana HCs on this issue.
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