Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

GST Update No 224 on blocking of credit without recording reasons

GST Update No 224 on blocking of credit without recording reasons
The concept of blocking of credit in accordance with provisions of Rule 86A of CGST Rules, 2017, had been a matter of discussion since long as the powers of the revenue authorities to invoke the same has increased manifolds. The undue hardships faced by the honest recipient as regards to blocking of credit ledger due to default of supplier, tantamount to equating default of recipient with that of supplier. Further, insertion of Section 43A of CGST Act, 2017, has added fuel to the fire prescribing that both the supplier and recipient shall be jointly and severally liable for discharging their liability. The tussle between the departmental authorities and taxpayers in this respect remains intact which compels the assessee to knock the door of courts. One similar line, one of the case was reported before hon’ble Gujarat High Court in the case of M/S NEW NALBANDH TRADERS VS STATE OF GUJARAT. The decision imparted in this case is subject matter of our present update.
 
The petitioner is a proprietary concern and engaged in trading of M.S. Scrap wherein purchases and sales are made to different entities. The purchases made from one supplier i.e. M/s Anmol Enterprises were duly received along with invoices, e-way bills etc. and were reflected in GSTR-2A as well. However, upon checking it was noticed that input tax credit of Rs. 97 Lakhs was blocked by the departmental authorities without assigning any reasons. Upon enquiry for reasons, no response was received by the petitioner.
 
The Counsel of the petitioner argued that the departmental authorities have erred in their approach since no reasons were conveyed to the petitioner failing which the dealer would not be able to know reasons of blocking of credit and furnishing reply thereof. It was further conveyed that the petitioner is a bona fide purchaser of the goods and should not be penalised for the default of the supplier.
 
The Counsel of revenue submitted that the authority arrived at this conclusion on the basis of some vital information in his possession. Furthermore, intimation in DRC-01A sent to the petitioner was also submitted before the Court. It was argued that Rule 86A is invoked to protect the interest of the revenue only.
 
The Court analysed the provisions of Rule 86A of CGST Rules, 2017 along with Section 16 and 43A of CGST Act, 2017. It was held that Rule 86A confers drastic powers to the proper officers to block the credit if they have reason to believe to do so. Although, it is a rational term which can be interpreted independently. Reliance was placed on the decision of same bench in the case of Samay Alloys India Pvt. Ltd. Further, it was stated that Rule 86A would be invoked provided two pre-requisites are fulfilled i.e. the authority must have reasons for blocking of credit and secondly reasons are to be recorded in writing before exercising of power. It was further stated that provisions of Rule 86A of CGST Rules, 2017 cannot be invoked merely on the basis of whims or imaginations since it is an administrative power and acts as an obstruction to right of taxpayer to utilise the credit available in ledger. Further, it must satisfy the test of reasonableness and must be exercised fairly and reasonably. Reliance in this respect was placed on decision of Maneka Gandhi Vs. Union of India : AIR 1978 SC 597. Further, principles of natural justice are required to be followed, which however may differ from case to case.  It was held that as far as second leg of requirement is considered, Rule 86A can be invoked provided reasons of the same are recorded in writing. The use of word “may” has to be interpreted as “must be recorded” since invoking the said rule brings adverse consequences upon the person against whom the order is passed. Importance to the concept of “Doctrine of Fair Play” as also given and it was stated that the tread of the same runs through wrap and weft of the fabric of the Constitutional Order made up by Article 14 and 21 of the Constitution of India. It was stated that justification of invoking of the said Rule can be made only by recording reasons in writing. Reference was drawn to the decision of Bombay High Court in Dee Vee Projects Ltd. V/s Union of India & Ors. Therefore, it was directed to revenue authorities to satisfy the pre-requisites of invoking Rule 86A failing which will render the same as unsustainable in the eyes of law and arbitrary exercise of powers.
 
Moreover, it was held that there is no system-based matching of ITC being carried out presently and the recipient are eligible to claim ITC provisionally on the basis of invoice issued. Reference was placed on the decision Delhi High Court in the case of Quest Merchandising India Pvt. Ltd. v/s Govt. of NCT of Delhi, W.P. (C) 6093 of 2017 dated 26.10.2017 wherein it was held that it is impossible task to ascertain that the seller have made payment of tax to the Government and therefore, assessee cannot be held liable for the same if due diligence is exercised appropriately. The revenue authorities initiate proceedings against the seller and not the purchaser. Reliance was placed on the decision of Madras High Court in Sri Vinayaga Agencies v. Assistant Commissioner, W.P. Nos. 2036 to 2038 of 2013, dated 29.01.2013 and Punjab and Haryana High Court in Gheru Lal Bal Chand v. State of Haryana, Civil Writ Petition No.6573 of 2007. The impugned order was quashed accordingly.
 
The above favouring decision is another development with respect to arbitrary blocking of credit without recording justifiable reasons. The Court properly emphasized the possible misuse of powers by revenue to harass the taxpayers. There had been catena of Judicial Pronouncements wherein the constitutional validity of the aforesaid Rule is challenged by the aggrieved taxpayers. Reference can be made to petition filed before Calcutta High Court in the case of M/s MRS REALTY PRIVATE LTD. AND ANR. VERSUS UNION OF INDIA AND ORS. [WP No. 8142 of 2021]. On the other hand, the taxpayers have to exercise extra care and be cautious about selection of supplier. It is hoped that the Government comes with a provision so that innocent and honest taxpayers would not suffer at the cost of defaulting and dishonest taxpayers otherwise the idea of ease of doing business in GST Law would not sustain.
 
 
 
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com