GST GUIDELINES

Guideline No.

Subject

CBEC-20/16/05/2021-GST/1552 dated 02.11.2021

Guidelines for disallowing debit of electronic credit ledger under Rule 86A of the CGST Rules, 2017

COMMUNITY INSIGHTS

Topic

Publish Date

Rule 86A Without a Live Balance? AP High Court Says "Yes."

In a detailed ruling with significant compliance consequences, the Andhra Pradesh High Court (Division Bench: Justice R. Raghunandan Rao and Justice Maheswara Rao Kuncheam) dismissed the writ petition of Suguna Sponge and Power Pvt. Ltd. challenging the negative blocking of Rs. 19,73,299 under Rule 86A of the CGST Rules, 2017. The Court aligned with the Calcutta and Allahabad view that Rule 86A can be invoked....... Read More

03.09.2025

ITC Blocking Under Rule 86A: Where Limits Clash with Authority

Imagine logging into your GST portal, expecting to use your Input Tax Credit (ITC) to offset your tax liability—only to find that your credit is suddenly blocked. No prior notice, no immediate explanation, just a restriction that leaves you scrambling to understand what went wrong. This is the reality many businesses face under Rule 86A of the CGST Rules (“Rule 86A”), a provision that allows tax authorities to restrict ITC if they suspect fraudulent claims...................... Read More

09.02.2025

CASE LAW

Authority

One liner

2025(08)LCX0253

Delhi High Court

Goodluck Enterprises

Procedural relief granted—authority directed to decide the refund representation within fixed timelines; merits left open.

2025(07)LCX0259

Orissa High Court

Transtech Solution

Disputed ITC blockages involving alleged fraudulent availment must be resolved by GST authorities—not by writ—after hearing.

2025(07)LCX0189

Madras High Court

Arise Steels Private Limited

Once appeal is filed and 10% of tax is deposited, ITC blocking under Rule 86A must end

2025(05)LCX0229

Supreme court of India

Raghav Agarwal

The Supreme Court refused interference under Article 136, reiterating the limited scope of SLP jurisdiction.

2025(04)LCX0670

Madras High Court

AJ Power Center

Once adjudication under Section 74 concludes, ITC blocking must be reviewed promptly under Rule 86A.

2025(03)LCX0303

Karnataka High Court

A.M. Enterprise

Department, without providing independent or cogent reasons to believe and by placing reliance upon reports of enforcement authority which is impermissible in law, committed a grave and serious illegality in passing the orders blocking the Electronic Credit Ledgers of the Assessee by invoking Rule 86A of the CGST Rules.

2025(02)LCX0186

Orissa High Court

Atulya Minerals

Appropriate recovery proceedings must be initiated by revenue, as otherwise the blocking of ITC will automatically come to an end after a period of one year, thereby making available to the dealer to debit in the electronic ledger on availing available therein ITC.

2024(12)LCX0518

Andhra Pradesh High Court

Suguna Sponge and Power Private Limited

Blocking of ITC under Rule 86A is valid even if credit isn’t available in the ledger, provided reasons are recorded and authorization exists.

2024(10)LCX0014

Karnataka High Court

The Lead Factory

Order blocking the Electronic Credit Ledger under Section 86A deserves to be quashed due to lack of pre-decisional hearing and insufficient grounds for blocking

2024(09)LCX0035

Orissa High Court

Atulya Minerals

Application to unblock ITC u/r 86A(2) of CGST Rules is restored as authority fails to provide reasons for rejecting the same and  blocking the assessee's entitlement to ITC.

2024(01)LCX0487

Allahabad High Court

Amarnath Trading Company

Revenue blocked ITC for the reason that supplier was found to be non-existent due to non awareness of Change of address of supplier, need to be unblocked.

2023(09)LCX0013

Madras High Court

Tvl. New Royal Traders

 

2022(07)LCX0086

Calcutta High Court

Basanta Kumar Shaw

No requiremrnt to have sufficient balance for purpose of blocking credit u/r 86A(1).

2022(07)LCX0086

Calcutta High Court

Basanta Kumar Shaw

No requiremrnt to have sufficient balance for purpose of blocking credit u/r 86A(1).

2021(07)LCX0157

Allahabad High Court

RM Dairy Products LLP