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GST - Highlights / Catch Notes

Home Highlights September 2023 Year 2023 This

Refund of the amounts recovered and stay of the assessment order ...


Court Rules on Tax Refunds and Stays Due to Missing Appellate Tribunal; Section 112 Limits Recovery to 30% Total.

September 6, 2023

Case Laws     GST     HC

Refund of the amounts recovered and stay of the assessment order - Appellate Tribunal is not constituted - The Assessing Authority in the scheme of the enactment could not have made recovery of the entire amount. Section 112 provides for twenty per cent of the tax amount due, in addition to the ten per cent amount paid at the first appellate stage, for maintaining a second appeal before the Appellate Tribunal. - HC

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