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GST - Highlights / Catch Notes

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Maintainability of appeal against order under CGST/SGST Act ...


Refund application dismissed. Option to pay or contest seizure. Chose payment, skipping adjudication. Delayed 7 years after release.

July 22, 2024

Case Laws     GST     HC

Maintainability of appeal against order under CGST/SGST Act adjudication on refund application dismissed. Appellant had option to pay amounts demanded or contest seizure and insist on adjudication order. Appellant chose payment, leading to release order without tax/penalty determination. If payment was mistake, appellant should have sought refund and adjudication on refund application. Appellant solely to blame for delay of over 7 years after release of goods. Writ Appeal dismissed, upholding Single Judge's dismissal of Writ Petition.

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