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Assessee permitted to withdraw pre-deposit amount from frozen bank account for filing appeal

Bimal jain
Assessee Allowed to Withdraw Pre-Deposit from Frozen Account for Appeal Under Tamil Nadu GST Act 2017 The Madras High Court allowed an assessee to withdraw a pre-deposit amount from a frozen bank account to file an appeal. The case involved a petitioner challenging an order by the Revenue Department that confirmed the recovery of Input Tax Credit, along with penalties and interest under the Tamil Nadu Goods and Services Act, 2017. The court permitted the withdrawal of 10 percent of the required amount as an interim measure for the appeal process, despite the account being frozen during the proceedings. (AI Summary)

The Hon’ble Madras High Court in the case ofRATHINAVEL PANDIAN PROP. M/S. SRI KANI MEDICALS VERSUS THE ASSISTANT COMMISSIONER (ST) , THE BRANCH MANAGER - 2023 (12) TMI 159 - MADRAS HIGH COURT disposed of the writ petition thereby permitting the Assessee to withdraw the pre-deposit amount from frozen bank account for filing of appeal.

Facts:

Rathinavel Pandian (“the Petitioner”) filed a writ petition against order dated May 08, 2023 (“the Impugned Order”) passed by the Revenue Department (“the Respondent”) wherein the demand for recovery of Input Tax Credit (“ITC”) was confirmed along with imposition of penalty and interest under Section 73 of the Tamil Nadu Goods and Services Act, 2017 (“the TNGST Act”). Also, the Petitioner's Bank Account was frozen during the proceedings.

Held:

The Hon’ble Madras High Court in RATHINAVEL PANDIAN PROP. M/S. SRI KANI MEDICALS VERSUS THE ASSISTANT COMMISSIONER (ST) , THE BRANCH MANAGER - 2023 (12) TMI 159 - MADRAS HIGH COURT held that as an interim measure for filing of appeal, the Respondent shall permit the Petitioner to withdraw 10 percent of the amount required for filing of appeal.

(Author can be reached at [email protected])

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