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GST - Highlights / Catch Notes

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The High Court dismissed the petition challenging the notice in ...


State blocked firm's tax credit worth Rs 13 crore citing fraud, court upheld authority's action.

December 3, 2024

Case Laws     GST     HC

The High Court dismissed the petition challenging the notice in Form ASMT-10 issued by the state authorities for blocking the electronic credit/cash ledger. The court held that the state authorities acted within their powers by blocking the input tax credit (ITC) u/r 86A of the GST Rules, 2017, as they had reasons to believe that the ITC of Rs. 13.10 crores was fraudulently availed. The court clarified that u/r 86A, the authorities can block the debit of an amount equivalent to the fraudulently availed ITC from the electronic credit ledger, irrespective of whether the ITC was available or already utilized. The issuance of Form DRC-01A by the central authorities for Rs. 71,798/- and remittance of the same did not determine the entire issue raised in Form ASMT-10 by the state authorities.

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