TMI Blog2021 (7) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner is a Private Limited Company, having its manufacturing unit at Haridwar. Petitioner s input tax credit available in its electronic trading ledger was provisionally blocked on the ground that petitioner had availed input tax credit, amounting to ₹ 1.5 crores, based on fake invoices issued by non-existing firms. The said blockage was made on 15.01.2020 under Rule 86(A)(1) of C.G.S.T. Rules, 2017. Thus, feeling aggrieved, petitioner has filed this writ petition, seeking the following relief: a) Issue a writ of mandamus or a writ/ direction in the nature of mandamus or any other order or direction directing the Respondent No. 1 to unblock the input tax credit of ₹ 71,61,296/- availed by the petitioner in its electronic cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s or both; or b) the credit of input tax has been availed on the strength of tax invoices or debit notes or any other document prescribed under rule 36 in respect of any supply, the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner s input tax credit ledger after 14.01.2021 is not supported by law. Mr. Shobhit Saharia, learned counsel for the respondents was granted time to get instructions on 18.06.2021. According to him, he could not get the instructions despite letter issued to the authorities, therefore, he is granted one more opportunity to get instructions. On next date, he will make a statement on the legal aspect, namely, as to whether blockage of input tax credit ledger of the petitioner can continue after 14.01.2021, if yes, then the provision under which it can be continued beyond period of one year. List this matter on 24.06.2021 immediately after fresh cases. 3. Learned counsel for the respondents, on instructions, concedes that petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
