Interactive flat panels meeting automatic data processing conditions are distinguished from monitors, while later classification clarifications apply ...
Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
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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