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The HC dismissed the petition at the motion stage, holding that under Section 79(1)(a) of the CGST Act the revenue was entitled to recover tax dues from amounts owing to the taxpayer; an assessment dated 25.02.2025 fixed a demand of Rs. 10,32,672, for which 30 days' payment was granted but unpaid, and Rs. 2,87,914 was lawfully debited from the petitioner's Electronic Credit Ledger on 19.06.2025. The petitioner's rectification application was rejected and the appeal instituted thereafter did not attract any stay; in the absence of any interlocutory relief the post-assessment recovery was held neither perverse nor illegal.
The HC dismissed the petition at the motion stage, holding that under Section 79(1)(a) of the CGST Act the revenue was entitled to recover tax dues from amounts owing to the taxpayer; an assessment dated 25.02.2025 fixed a demand of Rs. 10,32,672, for which 30 days' payment was granted but unpaid, and Rs. 2,87,914 was lawfully debited from the petitioner's Electronic Credit Ledger on 19.06.2025. The petitioner's rectification application was rejected and the appeal instituted thereafter did not attract any stay; in the absence of any interlocutory relief the post-assessment recovery was held neither perverse nor illegal.
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