9911796707
TMI Blog2021 (9) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of restriction imposed in the form of blocking the Input Tax Credit. The respondents are directed to de-block the Input Tax Credit and permit the petitioners to utilize the Input Tax Credit of ₹ 2,40,76,129/- blocked in Electronic Credit Ledger on 28.01.2020, within a period of 7 days from today - List this case after six (6) weeks. - W.P.No.4787 of 2021 - - - Dated:- 3-9-2021 - ARUP KUMAR GOSWAMI, CJ AND NINALA JAYASURYA, J Petitioner and Advocate : A Sarveswar Rao, Sri. A. Nagesh, Respondent and Advocate : Addl Advocate General II, Y.N. Vivekananda, Harinath N (Asst Solicitor General) ORDER (Through Video-Conferencing) I.A.No.1 of 2021 Heard Mr. K. S. Ravi Shankar, learned Senior Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the account was blocked on 28.01.2020, the period of one year now having expired, blocking of the account will cease to have effect. However, contrary to the aforesaid statutory position, the account continues to be remained blocked and the respondents are not unblocking the account of the petitioners. Mr. Ravi Shankar, in this connection, has drawn the attention of the Court to Annexure at Page 86 for demonstrating that an amount of ₹ 2,40,76,129/- was in the credit balance of the petitioners when the account was blocked on 28.01.2020. Mr. N. Harinath submits that the petitioners had purchased Steel products from one M/s. Maithan Ispath Limited, who admitted manipulation done by them in G.S.T. Tax returns and since they had not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax charged in respect of which has not been paid to the Government; or c) the registered person availing the credit of input tax has been found non-existent or not to be conducting any business from any place for which registration has been obtained; or d) the registered person availing any credit of input tax is not in possession of a tax invoice or debit note or any other document prescribed under rule 36, may, for reasons to be recorded in writing, not allow debit of an amount equivalent to such credit in electronic credit ledger for discharge of any liability under section 49 or for claim of any refund of any unutilized amount. 2. The Commissioner, or the officer authorized by him under sub-rule(1) may, upon being satis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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