Tax component payment can bar recovery pending appeal, with recovery notices set aside and revenue liberty preserved.

Tax component payment can bar recovery pending appeal, with recovery notices set aside and revenue liberty preserved.Case-LawsGSTPrima facie discharge of the tax component, together with a clear intention to file the statutory appeal, was held to attra…

Tax component payment can bar recovery pending appeal, with recovery notices set aside and revenue liberty preserved.
Case-Laws
GST
Prima facie discharge of the tax component, together with a clear intention to file the statutory appeal, was held to attract the Section 112(9) bar against recovery. The High Court noted that the Electronic Liability Ledger indicated payment of the tax component covered by the first appellate order, and on that basis recovery proceedings were stayed. The Form GST DRC-13 recovery notices were set aside, and the petitioner was permitted to proceed with the appeal. Liberty was preserved for the revenue to seek further orders if any discrepancy is found in the payment of the tax component.
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