9911796707
TMI Blog2023 (12) TMI 1101X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 and 28/5/2021 were passed by the Assistant Commissioner, State Taxes, Ward - I, Circle - Anti Evasion, Division III, Jaipur creating demand of Rs. 26,70,276/- and Rs. 34,88,364/-, respectively. 3. Feeling aggrieved, the petitioner filed appeal which came to be decided by order dated 28/5/2021, whereby, the orders dated 30/3/2021 & 28/5/2021 were set aside and the amount of demand recovered from the petitioner of Rs. 34,88,354/- was ordered to be refunded as per law. 4. The petitioner applied online on 17/5/2022 through GST Common Portal for refund of the amount. The respondent No. 1 referred the matter to his higher authority for withholding the amount of refund under Section 54(11) of the Rajasthan Goods & Services Tax Act, 2017 ('the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 21/2/2023 (Annex. 5) be set aside and the respondent No. 1 be directed to refund the amount along with interest in accordance with law. 10. It was further submitted that action of the respondent No. 1 in demanding the bank guarantee only reflects high handedness of the said authority inasmuch as the requirement of providing solvent security cannot be equated with furnishing a bank guarantee. The respondent No. 1 only with a view to somehow block the refund as ordered by the appellate authority, has demanded bank guarantee, therefore, the order impugned deserves to be set aside. 11. A reply to the writ petition has been filed inter alia seeking to justify the original order, which came to be set aside by the appellate authority and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olvent security. Once solvent security was produced by the petitioner, the respondent No. 1 again, apparently not willing to refund the amount, has demanded bank guarantee from the petitioner. 17. The indication made that the bank guarantee needs to be taken from the petitioner by way of solvent security by itself is contradictory inasmuch as the term 'solvent security' essentially means that the person who is providing the security should not have been declared bankrupt by the court and he has to produce documents to indicate that he owns some movable/immovable property, which is equivalent to the amount for which the said security is being provided. The solvent security is that of a person who is entitled to/recipient of the amount. Wher ..... X X X X Extracts X X X X X X X X Extracts X X X X
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