Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
Co-operative deduction eligibility excludes refund and commercial-bank interest, while qualifying co-operative investments require entity-wise verific...
Enhanced tax rate on surrendered unexplained income applies prospectively, while cash-deposit telescoping requires verification of available surrender...
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The HC upheld the constitutional validity of Rule 86A of the CGST Rules, 2017, and the related CBIC Circular, which permit blocking of Input Tax Credit (ITC) without prior hearing when there is reason to believe the credit was fraudulently availed or is ineligible. The Court recognized that immediate blocking is necessary to prevent irrecoverable loss, and the absence of pre-decisional hearing does not render the provision unconstitutional due to the availability of post-decisional hearing under Rule 86A(2). The petitioner's objection under this sub-rule must be decided expeditiously by the Commissioner, who may lift the blocking if satisfied. The Court directed the competent authority to pass a reasoned order on the lifting of ITC blocking within 15 days, thus disposing of the writ petition.
The HC upheld the constitutional validity of Rule 86A of the CGST Rules, 2017, and the related CBIC Circular, which permit blocking of Input Tax Credit (ITC) without prior hearing when there is reason to believe the credit was fraudulently availed or is ineligible. The Court recognized that immediate blocking is necessary to prevent irrecoverable loss, and the absence of pre-decisional hearing does not render the provision unconstitutional due to the availability of post-decisional hearing under Rule 86A(2). The petitioner's objection under this sub-rule must be decided expeditiously by the Commissioner, who may lift the blocking if satisfied. The Court directed the competent authority to pass a reasoned order on the lifting of ITC blocking within 15 days, thus disposing of the writ petition.
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