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GST - Highlights / Catch Notes

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Quantification of pre-deposit of 20% before filing an appeal - ...

Case Laws     GST

April 13, 2024

Quantification of pre-deposit of 20% before filing an appeal - Disputed tax amount includes demand of interest or not - The High Court examined the relevant provisions and noted that the requirement for pre-deposit mentioned in Section 112(8)(b) does not include interest. It observed a clear distinction in the provision, specifying the pre-deposit amount as 20% of the remaining tax in dispute. The High Court found merit in the appellant's argument and set aside the portion of the order directing the petitioners to pay 20% of the remaining interest. It further directed the respondents not to initiate any recovery proceedings until the writ petition is heard and disposed of.

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