Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
