Home Case Index All Cases GST GST + HC GST - 2020 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (10) TMI 999 - HC - GSTValidity of Garnishee Order - attachment order - time limitation under Section 117 of the Central Goods and Services Tax Act, 2017 - Court stayed the operation of the Garnishee Notice, for a period of two days for the reason that even before the expiry of the appeal time, as prescribed under Section 117 of the Central Goods and Services Tax Act, 2017 - HELD THAT:- A perusal of the material available on record prima facie shows that even before the expiry of the time granted for filing an appeal for the assessment years January, 2020 to June, 2020, Garnishee Notice came to be issued. Similar is for the assessment year January, 2019 to December, 2019. Therefore, the execution of Garnishee Notice seeking attachment of ₹ 12,14,61,114/- appears to be on higher side. According to the petitioner, if an appeal is preferred, he has to deposit only 10% of the disputed tax. Be that as it may, for the present, with the consent of both the parties, the order impugned, dated 26.8.2020, is stayed subject to the petitioner depositing ₹ 2,50,00,000/- within a period of three (3) weeks, in default, the stay shall stand vacated. Meanwhile, the respondents shall file their counters. Post on 24.09.2020.
|