GST
Can I appeal a Rule 86A block in APL-01
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Facts
There is no separate appeal form for a Rule 86A block. The usual route is a representation to the officer and, if needed, a writ petition in the High Court.
Provisions and law
- Rule 86A(1), CGST Rules 2017Commissioner or authorised officer, not below Assistant Commissioner, may disallow debit of ITC for recorded reasons where the supplier or recipient is non-existent, goods were not received, tax was not paid or there is no valid document
- Rule 86A(2), CGST Rules 2017The officer may allow the debit, fully or partly, once satisfied that the conditions no longer exist
- Sec 107, CGST Act 2017Appeal to the Appellate Authority against a decision or order
Analysis
Sec 107 appeals lie against decisions or orders under the Act. The kit's sources describe Rule 86A remedies as representation and writ, not APL-01. Practice can vary, so take advice on your facts. Example: a block with no recorded reasons is usually taken to the High Court after a representation is ignored.
Conclusion
- File a representation under Rule 86A(2).
- Ask for a speaking order.
- If no relief, consult an advocate on a writ.
- Keep filing returns meanwhile.
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Credit ledger blocked under Rule 86A: representation and unblocking
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