Mandatory Requirement of Written 'Reasons to Believe' Under Rule 86A for Blocking ITC


Last updated: 13 November 2025
Quick Summary
The Allahabad High Court has ruled that blocking Input Tax Credit (ITC) under Rule 86A of the U.P. GST Rules is illegal if specific, written 'reasons to believe' linking the assessee to fraudulent transactions are not recorded. The court found that relying solely on generic alerts from the DGGI without proper documentation and application of mind does not meet the statutory requirements. Consequently, the blocked ITC was ordered to be unblocked.

Court :
Allahabad High Court

Brief :
The Hon'ble Allahabad High Court in the case of Pilcon Infrastructure Pvt. Ltd. v. State of U.P. & Another [WRIT TAX No. 4654 of 2025, order dated October 29, 2025] held that blocking of Input Tax Credit under Rule 86A of the U.P. GST Rules without recording specific, written 'reasons to believe' linking the assessee to fraudulent transactions is without jurisdiction and illegal, emphasizing that mere reliance on ex parte communications or generic alerts from DGGI does not fulfil the statutory requirement.

Citation :
WRIT TAX No. 4654 of 2025, order dated October 29, 2025

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Bimal Jain
Published in GST
Views : 68
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