Bcc Cement PVT LTD vs. Commissioner Of Central Tax GST Delhi (East) & Anr.

W.P.(C)/15955/2022HC DelhiGSTCNR DLHC01080957202201 February 2023Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MS. JUSTICE TARA VITASTA GANJU1 pages
For Petitioner: Mr. Rakesh Prasad Singh, AdvFor Respondent: Mr. Atul Tripathi, Adv
AI SummaryRemanded

Facts

The petitioner, BCC Cement Pvt Ltd, filed a writ petition before the Delhi High Court seeking directions to unblock Input Tax Credit (ITC) amounting to Rs. 17,63,780/- and to restore a 'disappeared' unblocked credit of Rs. 23,45,779/-. The respondents were the Commissioner of Central Tax GST, Delhi (East) and another authority. The petitioner's grievance regarding the Rs. 17,63,780/- ITC was that it had been blocked. The 'disappeared' credit was stated to have been unblocked via an email dated April 1, 2022. The petition was filed in 2022.

Held

The Court noted that the petitioner's counsel stated that the Input Tax Credit of Rs. 17,63,780/- had been unblocked, thereby addressing the grievance related to prayer (a). Regarding prayer (b), concerning the restoration of the 'disappeared' unblocked credit of Rs. 23,45,779/-, the petitioner's counsel stated that they did not press this prayer. Consequently, the Court disposed of the present petition in view of the petitioner's submissions. No specific findings were made on the merits of the dispute, as the petition was withdrawn or not pressed on one of the key issues.

Key Issues

1. Whether a writ of mandamus should be issued directing the respondent to unblock the Input Tax Credit of Rs. 17,63,780/-. The petitioner argued that this credit had been blocked and sought its immediate unblocking. 2. Whether a writ of mandamus should be issued directing the respondent to restore the 'disappeared' unblocked credit of Rs. 23,45,779/- which was purportedly unblocked via an email dated April 1, 2022. The petitioner contended that this amount, once unblocked, had subsequently become unavailable. The respondents' arguments were not recorded in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15955/2022 & CM No.49722/2022 BCC CEMENT PVT LTD ..... Petitioner Through: Mr. Rakesh Prasad Singh, Adv. Versus COMMISSIONER OF CENTRAL TAX GST DELHI (EAST) & ANR. ..... Respondents Through: Mr. Atul Tripathi, Adv. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R % 01.02.2023

1.

The petitioner has filed the present petition, inter alia, praying as under: “a) issue a writ of mandamus or any other appropriate writ or direction to direct the respondent to unblock the Input Tax Credit of Rs.17,63,780/- (Rupees Seventeen Lakhs Sixty- Three Thousand Seven Hundred Eighty Only) forthwith. b) issue a writ of mandamus or any other appropriate writ or direction to direct the respondent to restore the disappeared unblock Credit amount of Rs.23,45,779/- (Rupees Twenty-Three Lakhs Forty-Five Thousand Seven Hundred Seventy-Nine Only) which was unblocked vide email dated 01.04.2022.”

2.

The learned counsel appearing for the petitioner states that insofar as prayer ‘(a)’ is concerned, the Input Tax Credit of ₹17,63,780/- has been unblocked and the petitioner’s grievance stands addressed. He further states th

The judgment continues below.

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