Can writ petition be filed for blocking of input tax credit?

blocking of input tax credit

Case Title

M.M.Trader & Others vs State of UP & Others.

Court

Allahabad High Court

Honorable Judges

Justice Surya Prakash Kesarwani & Justice Jayant Banerji

Citation

2022 (4) GSTPanacea 307 HC Allahabad

Writ Tax No 212 of 2022 & Others.

Judgement Date

07-April-2022

Council for Petitioner

Praveen Kumar

Aditya Pandey

Pranjal Shukla

Council for Respondent

B.P. Singh Kachhawah

Nimai Das

Section

Rule 86 A (2) of the CGST Act

In Favour of

Assessee should first approach the authorised Office

The Allahabad High Court bench of Justice Surya Prakash Kesarwani & Justice Jayant Banerji has held that the petitioners should first approach the authorised Officer raising objections against the blocking of the input tax credit and the said authority would be under an obligation to decide the objection within a time bound period.

FACTS OF THE CASE

All the aforequoted writ petitions have been filed aggrieved with blocking of input tax credit by the concerned authority under Rule 86 A of the C.G.S.T. /U.P. G.S.T. Rules, 2017. Rule 86 A(2) of the C.G. & S.T. Rules, 2017 Rule 86 A(2) The Commissioner, or the officer authorised by him under sub-rule (1) may, upon being satisfied that conditions for disallowing debit of electronic credit ledger as above, no longer exist, allow such debit.” Rule 86A of the Uttar Pradesh Goods and Services Tax Rules, 2017 (hereinafter referred to as “the Rules”) provides that in certain circumstances, Commissioner or an officer authorised by him, on the basis of reasonable belief that credit of input tax available in the electronic credit ledger has been fraudulently availed or is ineligible, may not allow debit of an amount equivalent to such credit in electronic credit ledgerThe Commissioner or the authorized officer, as the case may be, either on his own or based on the submissions made by the taxpayer with material evidence thereof, may examine the matter afresh and on being satisfied that the input tax credit, initially considered to be fraudulently availed or ineligible as per conditions of sub-rule (1) of rule 86A, is no more ineligible or wrongly availed, either partially or fully, may allow the use of the credit’ so disallowed/restricted, up to the extent of eligibility, as per powers granted under sub-rule (2) of rule 86A. Reasons for allowing the debit of electronic credit ledger, which had been earlier disallowed, shall be duly recorded on file in writing, before allowing such debit of electronic credit ledger Such restriction shall cease to have effect after the expiry of a period of one year from the date of imposing such restriction

blocking of input tax credit

COURT HELD

Considering the facts as recorded, held that from perusal of Rule 86 A(2) of the C.G. & S.T./U.P. G. & S.T. Rules, 2017, and paragraph 3.4 of the aforequoted guidelines of the Commercial Tax. Court are of the view that the petitioners should first approach the authorised Officer raising objections against the blocking of the input tax credit and the said authority would be under an obligation to decide the objection within a time bound period It is made clear that court have not expressed any opinion on merits of the case.

blocking of input tax credit

ANALYSIS OF THE JUDGEMENT

In view of the aforesaid, we disposed off all these writ petitions giving liberty to the petitioners to submit objections before the Commissioner or the authorisied Officer, as the case may be, under Rule 86 A(2) of the C.G.S.T. /U.P.G.S.T. Rules, 2017, within two weeks from today alongwith certified copy of this order and in the event objections are submitted by the petitioners within the stipulated period, the same shall be decided by the concerned Authority Officer in accordance with law, by a speaking and reasoned order, within next three weeks, after affording reasonable opportunity of hearing to the petitioners.

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M.M.Trader

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Allahabad High Court