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Negative blocking of ITC not allowed: Gujarat HC
Case Law Details
- Case Name
- Samay Alloys India Pvt. Ltd. Vs State of Gujarat (Gujarat High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Gujarat High Court
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Samay Alloys India Pvt. Ltd. Vs State of Gujarat (Gujarat High Court)
HC held that condition precedent for exercise of power under Rule 86A of the GST Rules is the availability of credit in the electronic credit ledger which is alleged to be ineligible. If credit balance is available, then the authority may, for reasons to be recorded in writing, not allow the debit of amount equivalent to such credit. However, there is no power of negative block for credit to be availed in future.
FULL TEXT OF THE ORDER OF GUJARAT HIGH COURT
1. By this writ application under Article 226 of th...
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