Case Title | SS Enterprises Anrs. Vs. State Tax Officers, New Market Charge & Ors. |
Court | Calcutta High Court |
Honorable Judges | Justice T. S Sivagnanam and Justice Hiranmay Bhattacharya |
Citation | 2022 (6) GSTPanacea 124 HC Calcutta |
Judgement Date | 07- June- 2022 |
Council for Petitioner | Anil Kumar Dugar Rajarshee Chatergee Gobinda Dey Gobinda Jethalia |
Council for UOI | |
Council for State | A. Ray S. Mukherjee Debashish Ghosh Nilotpal Chatergee |
The Calcutta High Court bench of Justice T. S Sivagnanam and Justice Hiranmay bhattacharya has held that Negative blocking of electronic Credit Ledger of Assessee cannot be blocked for tax recovery unless he is not able to carry on regular business activity.
FACTS OF THE CASE
In this case, The writ has been filed by appellant against the order passed by the respondent dtd 21st Mar 2022 for blocking of petitioners electronic credit ledger in the view that credit is being availed illegally and fraudulently by petitioner.
The appellant was in the business of scrap since 30 years and honest payer as submitted by him. The request has been submitted by appellant to State Tax Officer, New Market Charge to withdraw the negative lien of Rs. 1.23 crore (debited on16th Feb 2022) on the ledger as assessee was not liable to carry on his business regularily and same is affected, the request has not been considered too.
The learned counsel here by giving reference on the decision of Gujrat highcourt 3rd feb 2022 no.18059 of 2021 (Saman Alloys India Ltd), that while blocking of credit ledger of assessee there should be available balance in the ledger too and must be fraudulently availed.
COURT HELD
Considering the facts as recorded, This court held in this interim order in the view of above case and directed to respondent to dispose of the order dated 21st Feb 2022 by taking note that there should not be any illegal possession of credit by appellant too and appellant should be allowed to carry out his regular business activity on then the tax recovery in this matter if found to be recovered.
However till final orders are passed by this court within 10 days the credit shall be kept blocked and not available for any utilization.
ANALYSIS OF THE JUDGEMENT
In case where tax payer utilized fraudulently the credit of tax, and it is found satisfactory then only negative blocking should be done by the GST authority. Where there is available balance of input lying the ledger of taxpayer, the ledger should not be negatively blocked and business carrying activity should not be affected too, until the illegal credit found.
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