Ms Gurasees Sales Corporation vs. Union Of INDIA And Others

CWP/32269/2025HC Punjab and HaryanaGSTCNR PHHC01175268202519 November 2025Bench: MRS. JUSTICE LISA GILL,MR. JUSTICE PARMOD GOYAL10 pages
AI SummaryAllowed

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.

1.

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

2.

Learned counsel for parti

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