Constitutional validity of Rule 86A of the CGST/SGST Rules, ...

Petitioner's electronic credit ledger unblocked due to lack of reasoned order and opportunity of hearing.

Case Laws GST

October 23, 2024

Constitutional validity of Rule 86A of the CGST/SGST Rules, 2017, which was challenged for violating Articles 14 and 19(1)(g) of the Constitution of India. The court held that since no pre-decisional hearing was granted before passing the impugned order blocking the petitioner's electronic credit ledger, and the order lacked independent or cogent reasons except relying on the enforcement authority's reports, which is impermissible as it constitutes borrowed satisfaction, the impugned order deserved to be quashed. Consequently, the High Court quashed the impugned order dated 23.01.2020 and directed the respondents to unblock the petitioner's electronic credit ledger immediately to enable the petitioner to file returns forthwith, allowing the petition.

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Constitutional validity of Rule 86A of the CGST/SGST Rules, ...

Petitioner's electronic credit ledger unblocked due to lack of reasoned order and opportunity of hearing.

Case Laws GST

October 23, 2024

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