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2022 (11) TMI 28 - HC - GSTValidity of proceedings under Section 129 of CGST Act - invocation of bank guarantee - It is the case of the petitioner that since the Appellate Tribunal has not been constituted, the appeal period has not even started to run and therefore the petitioner is entitled to a direction that pending the constitution of the Appellate Tribunal and without giving to the petitioner a right to file such appeal, the bank guarantee provided by the petitioner cannot be invoked - HELD THAT:- As long as the provisions of Section 112 (8)(b) of the CGST/SGST Act requires the petitioner to deposit a sum equivalent to 20% of the tax amount in dispute as a condition for maintaining an appeal before the Tribunal, it must be held that even if the Appellate Tribunal is not constituted the petitioner must be directed to deposit a sum equivalent to 20% of the tax amount in dispute as a condition for stay of invocation of bank guarantee - This payment will however be subject to the condition that the same will be treated as sufficient compliance of the provisions contained in Section 112 (8)(b) of the CGST/SGST Act to maintain an appeal as and when the Appellate Tribunal is constituted. This Writ Petition is disposed of directing that on petitioner remitting an amount payable by the petitioner under Section 112(8)(b) of the CGST/SGST Act for maintaining an appeal before the Appellate Tribunal, any bank guarantee furnished by the petitioner in proceedings under Section 129 of the CGST/SGST Act will not be invoked.
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