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TMI Blog2022 (11) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... 29 of CGST Act - invocation of bank guarantee - It is the case of the petitioner that since the Appellate Tribunal has not been constituted, the appeal period has not even started to run and therefore the petitioner is entitled to a direction that pending the constitution of the Appellate Tribunal and without giving to the petitioner a right to file such appeal, the bank guarantee provided by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner remitting an amount payable by the petitioner under Section 112(8)(b) of the CGST/SGST Act for maintaining an appeal before the Appellate Tribunal, any bank guarantee furnished by the petitioner in proceedings under Section 129 of the CGST/SGST Act will not be invoked. - WP(C) NO. 31418 OF 2022 - - - Dated:- 12-10-2022 - HONOURABLE MR. JUSTICE GOPINATH P. PETITIONER: BY ADVS. AJI V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. Vs. State of Kerala; [2021 (1) TMI 552 Kerala High Court] to content that it will not be proper for the authorities to invoke the bank guarantee provided by the petitioner till the appeal period is over. It is the case of the petitioner that since the Appellate Tribunal has not been constituted, the appeal period has not even started to run and therefore the petitioner is entitled to a directi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, that he would had deposit if the Appellate Tribunal had been constituted. 4. Having heard the learned counsel for the petitioner and the learned Senior Government Pleader for the State, I am of the opinion that as long as the provisions of Section 112 (8)(b) of the CGST/SGST Act requires the petitioner to deposit a sum equivalent to 20% of the tax amount in dispute as a condition for mainta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings under Section 129 of the CGST/SGST Act will not be invoked. The petitioner shall keep the bank guarantee alive and if the petitioner does not renew the bank guarantee within time, it will be open to the officer to invoke the bank guarantee not withstanding the directions contained in this judgment. The amount paid by the petitioner shall be treated as sufficient compliance of provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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