Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The HC allowed the petition and remanded the matter to the first appellate authority with directions to treat the amount deposited by the petitioner under protest as the mandatory pre-deposit under Section 107(6) of the GST Act. The court held that, absent evidence that the protested deposit had been quantified or adjusted against other liabilities, the protested sum is available for adjustment against the 10% pre-deposit requirement and must be accepted to permit institution of the appeal. The first appellate authority was directed to accept the protested deposit as pre-deposit and decide the appeal on merits by passing a reasoned and speaking order in accordance with law.
The HC allowed the petition and remanded the matter to the first appellate authority with directions to treat the amount deposited by the petitioner under protest as the mandatory pre-deposit under Section 107(6) of the GST Act. The court held that, absent evidence that the protested deposit had been quantified or adjusted against other liabilities, the protested sum is available for adjustment against the 10% pre-deposit requirement and must be accepted to permit institution of the appeal. The first appellate authority was directed to accept the protested deposit as pre-deposit and decide the appeal on merits by passing a reasoned and speaking order in accordance with law.
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