Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
HC examined the blocking of petitioner's Electronic Credit Ledger (ECL) under Rule 86A of the GST Rules, 2017. It held that Rule 86A permits only temporary restriction on debiting input tax credit (ITC) where there is reason to believe the ITC is fraudulently availed or ineligible, and does not contemplate "negative blocking" beyond the credit actually available in the ECL. The Court endorsed earlier views of other HCs that no prior show cause notice is required for such emergent action, but clarified that excess blocking is impermissible. Issues of wrongful availment/utilisation of ITC must be adjudicated under Sections 73/74. Petition allowed.
HC examined the blocking of petitioner's Electronic Credit Ledger (ECL) under Rule 86A of the GST Rules, 2017. It held that Rule 86A permits only temporary restriction on debiting input tax credit (ITC) where there is reason to believe the ITC is fraudulently availed or ineligible, and does not contemplate "negative blocking" beyond the credit actually available in the ECL. The Court endorsed earlier views of other HCs that no prior show cause notice is required for such emergent action, but clarified that excess blocking is impermissible. Issues of wrongful availment/utilisation of ITC must be adjudicated under Sections 73/74. Petition allowed.
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