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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.
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.
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