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2019 (4) TMI 1496 - HC - GSTRecovery of refund sanctioned while the appeal was pending - Refund of the drawback sanctioned comprising the customs portion of All Industry Rate - allegation of excess refund to the extent of 10% representing CGST and IGST - HELD THAT:- In the present case, the petitioner has admittedly remitted 10% of the amounts demanded in order dated 14.06.2018 on 09.08.2018 as pre-deposit and no recovery shall be effected in regard to the balance of the demands that shall be deemed to be under an order of stay. The adjustment of the refund is not proper. Mr.Sundar, learned counsel for the respondent, fairly, does not defend the impugned order but only requests some time to refund the amount wrongly adjusted - petition allowed.
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