Answer

GST

Unblocking request pending for months

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  1. Facts

    Rule 86A does not set a time limit for deciding a representation. Courts have said such requests should be decided within a reasonable time by a speaking order.

  2. Provisions and law

    • Rule 86A(2), CGST Rules 2017The officer may allow the debit, fully or partly, once satisfied that the conditions no longer exist
    • CBIC guidelines on Rule 86A, 2 November 2021Block must rest on material evidence, not suspicion; amount not more than the suspect credit; monetary limits for officer ranks; taxpayer may give evidence for review
  3. Analysis

    The CBIC guidelines expect taxpayers' evidence to be reviewed, and High Courts have required timely post-decisional hearings and speaking orders. Each month of delay costs you cash. Send polite, dated reminders, escalate to the Additional or Joint Commissioner, and keep a file. Example: representation on 1 July, reminders on 25 July and 20 August, escalation in September.

  4. Conclusion

    1. Send a dated reminder referring to your representation.
    2. Escalate to the senior officer with copies.
    3. Raise a grievance on the portal.
    4. Keep a log of all reminders.
    5. Consider a writ if there is still no decision.

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Credit ledger blocked under Rule 86A: representation and unblocking

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