Revenue Department is not authorized to block ITC for more than one year


Quick Summary
The Karnataka High Court has ruled that the Revenue Department cannot block a business's Input Tax Credit (ITC) for longer than one year. In a case concerning S.P. Metals, the court found the continued blocking of ITC beyond the stipulated one-year period to be illegal and arbitrary. Consequently, the court ordered the Revenue Department to unblock the petitioner's Input Tax Credit.

Court :
Karnataka High Court

Brief :
The Hon'ble Karnataka High Court in the case of S.P. Metals v. Assistant Commissioner of Central Tax [Writ Petition No. 21015 of 2023 dated January 3, 2024] allowed the writ petition and held that as per sub-rule (3) of Rule86A of the Central Goods and Services Tax Rules, 2017 ("the CGST Rules"), the Respondent is not authorized to block the Input Tax Credit of the registered person under GST for a period of more than one year. Therefore, the continuation of blocking of ITC was illegal and arbitrary. Hence, directed to unblock the Input Tax Credit as per the Petitioner's Electronic Credit Ledger.

Citation :
Writ Petition No. 21015 of 2023 dated January 3, 2024

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Bimal Jain
Published in GST
Views : 116

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