Ms Gurasees Sales Corporation vs. Union Of INDIA And Others
Held
The High Court held that blocking ITC in the ECL to create a negative balance is impermissible under Rule 86A as it requires available credit to be present. Such actions are unsustainable and set aside to the extent they disallow debit in excess of available ITC.
Facts
The petitioner's Electronic Credit Ledger (ECL) had its Input Tax Credit (ITC) blocked by the respondents, resulting in a negative balance. This action was taken without prior notice and allegedly in violation of natural justice principles and Rule 86A of the CGST/PGST Acts.
Key Issues
Whether Rule 86A permits blocking of ITC in an Electronic Credit Ledger to the extent that it creates a negative balance, exceeding the available credit at the time of blocking.
Sections Cited
Rule 86A, Section 73, Section 74, Section 29, Section 83
AI-generated summary — verify with the full judgment below
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CWP-32269-2025
289
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-32269-2025 Date of Decision: November 19, 2025
M/S GURASEES SALES CORPORATION
.....Petitioner
Versus
UNION OF INDIA AND OTHERS
..... Respondents
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MR. JUSTICE PARMOD GOYAL
Present: Mr.Tarang Goyal, Advocate for the petitioner.
Mr. Sourabh Goel, Senior Standing counsel for the respondents.
****
LISA GILL, J.
It is submitted that prayer in this writ petition is restricted to action of respondents of blocking Electronic Credit Ledger (ECL) of petitioner and for deleting entries dated 09.05.2025 and 29.08.2025 through which Input Tax Credit has been blocked in negative by the respondents, statedly in violation of provisions of Rule 86A of Central Goods and Services Tax Act, 2017 and Punjab Goods and Services Tax Act, 2017 and in violation of principles of natural justice. RITU SHARMA 2025.11.28 12:27 I attest to the accuracy and integrity of this document
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CWP-32269-2025
Learned counsel for parti
The judgment continues below.
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