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M/s Kundlas Loh Udyog vs State of Himachal Pradesh & Anr.

Date of Order: September 17, 2024
Subject: Blocking of Input Tax Credit under Rule 86A without jurisdiction
Description:

The petitioner challenged blocking of ITC under Rule 86A on the basis of alleged irregularities attributable to suppliers. The factual background showed that the petitioner had complied with summons and furnished documents, yet ITC was blocked without prior adjudication.
The Court held that Rule 86A is a drastic power and must be exercised strictly in accordance with law. Blocking of ITC without establishing the petitioner’s involvement and without following due process was held to be arbitrary. The blocked credit was directed to be restored.

 

Foot Note:

Case laws referred:
National Plasto Moulding v. State of Assam & Anr., 2024 SCC OnLine Gau 4265

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