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        Case ID :
        GST

        HC held that once a deemed stay under Section 107 of the GST Act...

        Deemed stay under Section 107 bars provisional attachment; petitioner ordered to retain refunds, maintain Rs.245 crore balance

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC held that once a deemed stay under Section 107 of the GST Act operates, there is no statutory authority to continue provisional attachment or restraint of funds. The petitioner was directed to furnish an undertaking to the 3rd respondent to retain all amounts refunded and any future sale proceeds in the petitioner's bank account until disposal of the appeal, and to maintain a minimum balance of Rs.245 crores after adjusting Rs.24.4 crores treated as pre-deposit. The petitioner must also undertake to keep intact the refunded portion of Rs.170 crores recovered earlier until the appeal is finally disposed of. Petition disposed of.
                                Note: It is a system-generated summary and is for quick reference only.
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