S. S. Industries Vs Union Of India

Date: December 24, 2020

Court: High Court
Bench: Gujarat
Type: Writ Petition
Judge(s)/Member(s): Vikram Nath, Pardiwala
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Subject Matter

Power under Rule 86A to block ITC should not be used as a tool to harass the assessee

Input Tax Credit

Summary

(I) The invocation of Rule 86A of the Rules for the purpose of blocking the input tax credit may be justified if the concerned authority or any other authority, empowered in law, is of the prima facie opinion based on some cogent materials that the I…

1. Since the issues involved in both the captioned writ applications are by and large the same, those were heard analogously and are being disposed of by this common judgment and order. 2. So far as the Special Civil Application No.8841 of 2020 is concerned, two issues are involved therein. The first issue relates to the true interpretation of Rule 86A of the CGST Rules inserted vide the Notificat…

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