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GST - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

The High Court held that once the petitioner made the payment of ...


Firm can appeal against GST penalty without further pre-deposit if conditions met.

Case Laws     GST

August 21, 2024

The High Court held that once the petitioner made the payment of Rs.10 lakhs and furnished a bank guarantee for the balance amount as per the court's earlier order, the petitioner's right to file an appeal against the order u/s 129(3) of the WBGST/CGST Act, 2017 crystallized. The respondents cannot insist on further pre-deposit of 25% of the penalty determined u/s 129(3) for entertaining the appeal. If the petitioner files an appeal within two weeks, the respondents shall hear and dispose of it on merits without demanding any additional pre-deposit. The petitioner may not be entitled to a refund of Rs.5,22,500/- or part thereof.

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