M/S K K Alloys vs. Union Of INDIA And Others

CWP/26150/2025HC Punjab and HaryanaGSTCNR PHHC01141568202519 November 2025Bench: MRS. JUSTICE LISA GILL,MR. JUSTICE PARMOD GOYAL10 pages
AI SummaryAllowed

Held

The Court held that blocking of ITC in excess of the available credit in the ECL, creating a negative balance, is not permissible under Rule 86A. Such actions are unsustainable and set aside.

Facts

The petitioner's Electronic Credit Ledger (ECL) had its Input Tax Credit (ITC) blocked in a negative manner, allegedly in violation of Rule 86A of the CGST Act and principles of natural justice. The blocking exceeded the available credit in the ECL.

Key Issues

Whether Rule 86A permits blocking of ECL by an amount exceeding the credit available at the time of the order, and if an artificial negative balance can be created.

Sections Cited

Rule 86A, Section 73, Section 74, Section 29, Section 83

AI-generated summary — verify with the full judgment below

1

CM-16715-CWP-2025 in/and CWP-26150-2025

115-a IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CM-16715-CWP-2025 in/and CWP-26150-2025

Date of Decision: November 19, 2025

M/S K.K. ALLOYS

.....Petitioner

Versus

UNION OF INDIA AND ORS

..... Respondents

CORAM:- HON'BLE MRS. JUSTICE LISA GILL

HON'BLE MR. JUSTICE PARMOD GOYAL

Present: Mr. Sholab Arora, Advocate for the applicant-petitioner.

Mr. Sourabh Goel, Senior Standing counsel for the respondents.

****

LISA GILL, J.

CM-16715-CWP-2025

1.

Heard.

2.

For the reasons mentioned in the application as well as arguments addressed, hearing of petition is preponed from 20.01.2026 for today itself.

3.

Application is, accordingly, disposed of. CWP-26150-2025

1.

Learned counsel for petitioner submits that prayer in this writ petition is restricted to action of respondents blocking Electronic Credit Ledger RITU SHARMA 2025.11.29 15:41 I attest to the accuracy and integrity of this document

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CM-16715-CWP-2025 in/and CWP-26150-2025

(ECL) of petitioner and for

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Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.