2023 (3) TMI 878

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....34,48,080/-, which relates to the refund sanctioned and credited in the petitioner's bank account. The petitioner also prays that an appropriate direction be issued to the petitioner's bank to unblock the amount of Rs.34,48,080/-, which has been blocked at the instance of the respondent. 2. The petitioner states that the said refund has been granted by an order dated 05.08.2022. Thereafter, the said order was subject to an audit and a review, pursuant to which the petitioner was directed to deposit a sum of Rs.38,786/- as an amount erroneously refunded. 3. The petitioner states that it has voluntarily deposited the said amount of Rs.38,786/- as directed. However, notwithstanding that the petitioner has complied with the said direction....

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.... no. 4 to unblock the amount of Rs. 3448080/- Rupees Thirty Four Lakh Forty Eight Thousand and Eighty Rupees) lying in the bank account of Petitioner." 7. This Court had, in the order passed on 15.12.2022, noted the respondents' contention that the action for blocking the petitioner's bank account had been taken on three grounds. First, that there had been a mismatch in the payment made by the petitioner to the supplier in respect of the goods that are stated to have been exported. Second, there was a doubt as to whether any goods were procured from the supplier in question. And third, that the petitioner had also procured goods from another supplier whose registration was suo motu cancelled. 8. It was also the respondents' contention....

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....ssary for the respondents to immediately file a review or appeal against the order granting refund, is prima facie, not merited. 11. Section 73 and 74 of the Act also provide for recovery of refund where the same has been erroneously granted. Clearly, if the respondents are of the view that the refund has been erroneously granted, they would be required to take appropriate action under Section 73 or 74 of the Act. Recourse to Section 107(2) may be necessary only if the Adjudicating Authority has adjudicated any contentious issue, which in the opinion of the Commissioner requires to be reviewed. 12. Insofar as the blocking of the bank account is concerned, the said action is taken under Section 83 of the Act. By virtue of sub-section (....