International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
HC held that Rule 86A of the GST Rules permits only temporary blocking of input tax credit (ITC) actually available in the Electronic Credit Ledger where the Commissioner has reason to believe it is fraudulently availed or ineligible, and does not authorize "negative blocking" beyond the existing balance. While endorsing that prior notice or SCN is not mandatory for such emergent blocking, the Court ruled that blocking in excess of available credit is ultra vires Rule 86A. The writ petition was allowed and the impugned blocking order was set aside.
HC held that Rule 86A of the GST Rules permits only temporary blocking of input tax credit (ITC) actually available in the Electronic Credit Ledger where the Commissioner has reason to believe it is fraudulently availed or ineligible, and does not authorize "negative blocking" beyond the existing balance. While endorsing that prior notice or SCN is not mandatory for such emergent blocking, the Court ruled that blocking in excess of available credit is ultra vires Rule 86A. The writ petition was allowed and the impugned blocking order was set aside.
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