info@gstindia.biz | +91-9876512345
GST INDIA Biz
GSTIndia.biz — Case Law Details
Detailed GST Case Law Information

Tvl. Skanthaguru Innovations Private Limited vs Commercial Tax Officer & Ors.

Date of Order: November 28, 2024
Subject: Blocking of Electronic Credit Ledger without available balance
Description:

The petitioner challenged blocking of the electronic credit ledger despite nil credit balance, along with issuance of ASMT-10 notice by State authorities. The factual background showed parallel proceedings by Central authorities on the same issue of alleged wrongful ITC availment.

The Court held that Rule 86A does not permit negative blocking of credit where no balance exists. It further held that simultaneous proceedings by State authorities were impermissible when Central authorities had already initiated action. The blocking orders and ASMT-10 notice were quashed.

 

 

Foot Note:

Case laws referred:
Samay Alloys India Pvt. Ltd. v. State of Gujarat, 2022 (61) GSTL 421 (Guj.)
Best Crop Science Pvt. Ltd. v. Principal Commissioner, CGST, (2024) 22 Centax 531 (Del.)

Other Case Law

Velplex Industries vs State Tax Officer (Intelligence)

Penalty orders passed without granting effective opportunity of hearing

The petitioner challenged penalty orders passed under Section 74 read with Secti...

Read More
Atul Limited & Anr. vs Union of India & Ors.

Refund of accumulated compensation cess on zero-rated supplies

The petitioners challenged rejection of refund of accumulated compensation cess ...

Read More
Ms. Barminco Indian Underground Mining Services LLP vs Deputy Commissioner of State Tax & Ors.

Rejection of GST refund on procedural grounds

The petitioner challenged rejection of a GST refund claim on the ground of alleg...

Read More