M/S. S.P. Singla Constructions Private Limited vs. The State Of Bihar

CWJC/9102/2024HC PatnaGSTCNR BRHC01047934202407 October 2024Bench: MR. JUSTICE PARTHA SARTHY,THE CHIEF JUSTICE-2 pages
AI SummaryRemanded

Held

The Court noted that the petitioner's Electronic Credit Ledger was blocked under Section 86A(1) of the Central Goods and Services Tax Rules, and that such blocking is permitted for one year. The respondent-Department, through the learned Government Advocate, submitted on instructions that the Electronic Credit Ledger was unblocked on 30.09.2024. In light of this submission by the respondent, the Court found that the writ petition had become infructuous. Therefore, the Court closed the writ petition, recording the submission of the respondent-Department.

Facts

The petitioner, M/s. S.P. Singla Constructions Private Limited, filed a writ petition before the Patna High Court challenging the blocking of its Electronic Credit Ledger. The blocking was done under Section 86A(1) of the Central Goods and Services Tax Rules. The petitioner argued that such blocking is permitted only for one year, implying that proceedings should be concluded within that period. The respondent was the State of Bihar, represented by the Joint Commissioner of State Tax, Patna Special Circle.

Key Issues

1. Whether the blocking of the petitioner's Electronic Credit Ledger under Section 86A(1) of the Central Goods and Services Tax Rules was valid, considering the implied time limit for such blocking. Petitioner's Contention: The petitioner contended that the blocking of the Electronic Credit Ledger is permissible only for a period of one year, and that proceedings should be initiated and concluded within this timeframe. Revenue's Contention: The respondent-Department, through the learned Government Advocate, submitted that the Electronic Credit Ledger of the petitioner has been unblocked on 30.09.2024.

Sections Cited

Section 86A(1)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9102 of 2024 ====================================================== M/s. S.P. Singla Constructions Private Limited A company incorporated under the laws of India, having its registered office at 502, Kanak Braj Complex, Boring Road, Patna- 800001, through its authorised representative Mr. Niraj Prasad, aged about 43 years, S/o Naresh Prasad, resident of village Bankey Bazar, Ward No. 10, P.S- Bankey Bazar, District- Gaya, Pin 824217. ... ... Petitioner/s Versus The State of Bihar Through the Joint Commissioner of State Tax, Patna Special Circle, Central Division, Office at Kautilya Bhawan, Anta Ghat, Patna-800001. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajat Mittal, Advocate Mr. Abhishek Anand, Advocate Mr. Suprateek Neogi, Advocate For the Respondent/s : Mr. Vivek Prasad, Government Pleader (7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY

(Per: HONOURABLE THE CHIEF JUSTICE) 6 07-10-2024 The pe

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