2026 (8) TMI 1286

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....UDGE For the Petitioner(s) Through: Mr. Jahangir Iqbal Ganie, Sr. Advocate with Mr. Sikander Hayat Khan, Advocate Mr. Vishnu Tallapragada, Advocate (through VC). For the Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel. ORDER 01. The petitioner, a construction company, invokes the extraordinary jurisdiction vested in this Court under Article 226 ....

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.... 03. It is further contended by the learned senior counsel appearing for the petitioner that the respondents could not have blocked the entire ITC amounting to Rs. 10,45,38,432/- and that, in terms of Rule 86-A, the restriction could extend only to an amount equivalent to such credit as is available in the electronic credit ledger for discharge of any liability under Section 49 of the Central Go....

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.... Input Tax Credit (ITC). However, having regard to the nature of action envisaged under Rule 86-A of the Rules, which definitely affects the taxpayer adversely, the adherence to Rule of audi alteram partem needs to be read into the said provision. 06. The aforesaid view finds support from the judgments of the Division Benches of the High Courts of Karnataka and Telangana in case titled "K-9 Ent....