GST GUIDELINES
Guideline No. |
Subject |
Guidelines for disallowing debit of electronic credit ledger under Rule 86A of the CGST Rules, 2017 |
COMMUNITY INSIGHTS
Topic |
Publish Date |
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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 |
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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 |
Delhi High Court Goodluck Enterprises |
Procedural relief granted—authority directed to decide the refund representation within fixed timelines; merits left open. |
Orissa High Court Transtech Solution |
Disputed ITC blockages involving alleged fraudulent availment must be resolved by GST authorities—not by writ—after hearing. |
Madras High Court Arise Steels Private Limited |
Once appeal is filed and 10% of tax is deposited, ITC blocking under Rule 86A must end |
Supreme court of India Raghav Agarwal |
The Supreme Court refused interference under Article 136, reiterating the limited scope of SLP jurisdiction. |
Madras High Court AJ Power Center |
Once adjudication under Section 74 concludes, ITC blocking must be reviewed promptly under Rule 86A. |
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. |
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. |
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. |
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 |
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. |
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. |
Madras High Court Tvl. New Royal Traders |
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Calcutta High Court Basanta Kumar Shaw |
No requiremrnt to have sufficient balance for purpose of blocking credit u/r 86A(1). |
Calcutta High Court Basanta Kumar Shaw |
No requiremrnt to have sufficient balance for purpose of blocking credit u/r 86A(1). |
Allahabad High Court RM Dairy Products LLP |
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