Negative blocking is within the scope of provisions of Rule 86A of the CGST Rules
Last updated: 12 December 2024
Court :
Madras High Court
Brief :
The Hon'ble Madras High Court in the case of Tvl. Shanthaguru Innovations Private Limited v. Commercial Tax Officer & Ors. [Writ Petition No. 29872 of 2024 dated November 28, 2024] dismissed the case and held that the negative blocking is well within the scope of provisions of Rule 86A of the Central Goods and Service Tax Rules, 2017 ("the CGST Rules"). The blocking of Input Tax Credit ("ITC") can be made to the extent of wrongful availment of credit, for which Rule 86A of the CGST Rules empowers State Authority not to allow debit of the amount equivalent to such wrongful availment of credit to the extent of available ECL at any point of time. Therefore, at the time of blocking, the availability of ITC in the ECL is immaterial.
Citation :
Writ Petition No. 29872 of 2024 dated November 28, 2024
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Bimal Jain
Published in GST
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