Indian Supply vs. Union Of INDIA

SCA/4774/2022HC GujaratGSTCNR GJHC24013710202204 April 2022Bench: HONOURABLE MR. JUSTICE J.B.PARDIWALA,HONOURABLE MS. JUSTICE NISHA M. THAKORE2 pages
AI SummaryRemanded

Facts

The petitioner, Indian Supply, filed a writ-application before the High Court of Gujarat challenging the blocking of its Electronic Credit Ledger. This action was taken by the revenue authorities in exercise of powers under Rule 86A of the CGST Rules, 2017. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history leading to the blocking of the ledger is also not detailed. The matter came before the High Court for hearing.

Held

The Court noted that the writ-applicant had filed the application because its Electronic Credit Ledger was blocked under Rule 86A of the CGST Rules, 2017. During the hearing, the learned counsel for the respondents submitted that the ledger has been unblocked. This statement was confirmed by the learned counsel for the writ-applicant. Consequently, as the grievance has been redressed and the ledger unblocked, the Court found no further adjudication to be required. The writ-application was disposed of accordingly, and the notice issued was discharged. The ratio decidendi is that if the revenue takes corrective action to remedy the petitioner's grievance before adjudication, the writ petition may be disposed of as infructuous.

Key Issues

1. Whether the blocking of the petitioner's Electronic Credit Ledger under Rule 86A of the CGST Rules, 2017, was justified. The petitioner argued that its Electronic Credit Ledger was blocked, necessitating the filing of this writ-application. The revenue, represented by the Commissioner of CGST & Central Excise, Surat Commissionerate, and other respondents, stated that the ledger has since been unblocked. The petitioner's counsel confirmed this statement. No specific legal arguments or reliance on authorities, circulars, or precedents were recorded for either side beyond the factual submission regarding the unblocking of the ledger.

Sections Cited

Rule 86A

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
C/SCA/4774/2022 ORDER DATED: 04/04/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4774 of 2022 ========================================================== INDIAN SUPPLY Versus UNION OF INDIA ========================================================== Appearance: MR. JAINISH P SHAH(7033) for the Petitioner(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 3 HARSHIT R PUROHIT(8385) for the Respondent(s) No. 5 NOTICE SERVED for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 04/04/2022

ORAL ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

We have heard Mr. Jainish Shah, the learned counsel appearing for the writ-applicant; Mr. Priyank Lodha, the learned standing counsel appearing for the respondent no.2 – Commissioner of CGST & Central Excise, Surat Commissionerate and Mr, Nikunt Raval, the learned standing counsel appearing for the respondents nos.1 and 3 respectively. The writ-a

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