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GST - Highlights / Catch Notes

Home Highlights September 2021 Year 2021 This

Blocking of input tax credit in the electronic credit ledger - ...


Court Criticizes Misuse of Power u/r 86A for Blocking Input Tax Credit, Urges Against Harassment of Taxpayers.

September 1, 2021

Case Laws     GST     HC

Blocking of input tax credit in the electronic credit ledger - Power of Commissioner or an officer authorised by him under Rule 86A - The power under Rule 86A of the Rules should neither be used as a tool to harass the assessee nor should it be used in a manner, which may have an irreversible detrimental effect on the business of the assessee. - Once the supervisory power is being exercised in absence of relevant record merely on the basis of certain noting, which is forwarded to the revisional authority for exercising the powers it is sheer misuse of the power. The said practice cannot be accepted by this Court - the Court is of the considered opinion that while exercising the revisional power the authority has given go-bye to the procedure, that too without application of independent mind. - HC

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