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Search results for: electronic credit ledger

Madras HC's Order in Case of Tvl.Skanthaguru Innovations Private Limited vs. Commercial Tax Officer

Madras HC Upholds Authorities’ Decision to Block Electronic Credit Ledger for GST ITC Misuse

The Madras High Court in a significant verdict, carried the authority of the State Goods and Services Tax (GST) authorities to restrict the electronic credit ledger (ECL) of firms discovered incorrectly claiming GST input tax credit (ITC) until investigations are concluded. “This Court is of the considered view that the negative blocking is well within […]

Patna HC's Order for Flipkart Internet Pvt

Patna HC: An ECL Can Be Used to Make a Pre-deposit for an Appeal Under the GST Act, Not an Electronic Credit Ledger

In a recent decision, the Patna High Court declared that the pre-deposit for upholding an appeal following Section 107(6)(b) of the CGST/SGST Act can only be made using funds from the Electronic Cash Ledger, not the Electronic Credit Ledger. The division panel, consisting of Justices Madhuresh Prasad and Chakradhari Sharan Singh, concluded that the pre-deposit […]

Allahabad CESTAT's Order for Johnson Mathey Chemical India Pvt.

CESTAT: Deposit as per Section 35F Not as Same as Debit in GST Electronic Credit Ledger

The Allahabad bench of Customs, Excise & Service Tax Appellate Tribunal (CESTAT) ruled that the mandatory deposit under section 35F of the Central Excise Act, 1944 would not able to incur debit in an electronic credit ledger under GST. The petitioner, M/s Johnson Mathey Chemical India Pvt. Ltd questioned the Order-in-Appeal on January 25, 2022, […]

Delhi HC's Order In the Case of M/s HCC VCCL Joint Venture vs. Union of India

Delhi HC Rules Refund from Electronic Cash and Credit Ledger Can Be Withheld Equally Under CGST Act Section 108

It was carried by the Delhi High Court that refunds, be it from the balance left in the electronic cash or the Electronic Credit Ledger, are considered at par and the Commissioner under the Central Goods and Services Tax Act may withhold both in the practice of its powers u/s 108. Section 108 provides the […]

Bombay HC's Order in The Case of Rawman Metal & Alloys vs. The Deputy Commissioner of State Tax

Bombay HC: GST ITC Cannot Be Blocked Under Rule 86A If Credit Ledger Has Nil Balance

The Bombay High Court recently determined that under Rule 86A of the Central Goods and Services Tax (CGST) Rules, 2017, Input Tax Credit (ITC) cannot be restricted if the taxpayer’s electronic credit ledger shows a nil balance on the date the blocking order is issued. This ruling emphasises the conditions under which ITC can be […]

SC's Order in the Case of Union of India & Ors. vs. M/s HCC VCCL Joint Venture

Supreme Court: GST Cash Ledger Refund Cannot Be Blocked Without a Lawful Basis

The Supreme Court, without a valid cause, the Goods and Service Tax (GST) refund from the cash ledger cannot be withheld. The Union of India’s challenge against a Delhi High Court ruling has been dismissed by a bench comprising Justice Sudhanshu Dhulia and Justice Joymalya Bagchi, which quashed the order of the GST authority staying […]

Madras HC's Order in The Case of M/s.Tamilnadu State Transport Corporation (Villupuram) Limited vs The Additional Commissioner of Central Tax Office of the Commissioner of GST

Madras HC: No Interest on GST Due if Paid to Cash Ledger, Even with Late GSTR-3B

The Madras High Court has ruled that the interest on delayed GST payments shall be calculated based on the date the tax amount is deposited, even if the actual debit occurs later during the filing of the GSTR-3B form. The interest amount shall not be credited to the electronic cash ledger. The imposition of interest […]

Karnataka HC's Order In Case of Safan Fasteners Vs Assistant Commissioner

Karnataka HC Quashes GST Credit Blockage Over Lack of Pre-Decisional Hearing

The Karnataka High Court, in a ruling, has held in favour of M/s Safan Fasteners, setting aside the order of the tax department that restricted the Electronic Credit Ledger (ECL) of the company under Rule 86A of the Central Goods and Services Tax (CGST) Rules. The court said that the measure was opted without allotting […]

Delhi HC's Order In Case of Shri Sai Ram Enterprises Vs. PR. ADG, DGGI, Gurugram & Anr

Delhi HC Orders Unblocking of GST Credit Ledger After One-Year Lapse, Cites Rule 86A

The Delhi High Court ordered the unblocking of an enterprise’s electronic credit ledger after one year since its initial blocking. In doing so, a division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta mentioned Rule 86A of the CGST Rules, 2017, which specifies the conditions of use of the amount available in the […]

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