2022 (8) TMI 54 - HC - GST

Negative blocking of the Electronic Credit Ledger - Challenge to blocking on the ground that such harsh action has been taken during the pendency of the adjudication proceedings in question - without disposing of the reply to the show-cause-notice the impugned action of negative blocking of ITC has been taken by the respondents - violation of principles of natural justice - HELD THAT - This writ petition is disposed of by directing the Officer concerned to consider and dispose of the reply filed by the petitioner on 13th June, 2022 to the impugned show-cause-notices expeditiously and preferably within three weeks from the date of communication of this order in accordance with law and by passing a reasoned and speaking order and by providing opportunity of hearing to the petitioner or his authorised representative and finally if the petitioner is able to make out a case in course of hearing for revoking of the negative blocking of ITC, the Officer concerned shall take immediate steps for revoking the same. Application disposed off.

Summary

Issues involved:
Challenge to negative blocking of Electronic Credit Ledger during pendency of adjudication proceedings.

Analysis:
The High Court of Calcutta, in the judgment, addressed the challenge brought by the petitioner against the GST Authority's negative blocking of the Electronic Credit Ledger during ongoing adjudication proceedings. The Court noted that the petitioner had been issued a show-cause notice on 20th January, 2022, with a deadline for response by 4th February, 2022. The petitioner requested an extension of two weeks to reply to the notice, which was granted. However, the petitioner took nearly five months to respond, leading to the negative blocking of the Input Tax Credit (ITC) by the respondents.

The petitioner argued that the blocking of ITC was unjustified as his reply to the show-cause notice had not been disposed of before the action was taken. The Court considered the delay in the petitioner's response and the circumstances of the case. The judgment, in Writ Petition WPA 9820 of 2022, directed the concerned Officer to promptly review and decide on the petitioner's reply submitted on 13th June, 2022, to the show-cause notice. The Officer was instructed to provide a reasoned order within three weeks of the judgment, ensuring the petitioner or their representative is given an opportunity to be heard. If during the hearing, the petitioner establishes grounds for revoking the negative blocking of ITC, the Officer was mandated to take immediate steps to lift the block.

In conclusion, the judgment emphasized the importance of timely responses to show-cause notices and the need for authorities to act judiciously in such matters. The Court's directive aimed to ensure a fair and expeditious resolution of the dispute regarding the negative blocking of the Electronic Credit Ledger, safeguarding the petitioner's right to be heard and seeking a reasoned decision based on the facts presented during the adjudication process.