Statutory stay on GST recovery requires review of claimed appellate deposits and refund or recredit of excess recovery.

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Full Text of the Document

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....Statutory stay of the balance GST demand applies once the prescribed cumulative appellate pre-deposits are paid under the GST enactment. The High Court did not determine whether the required deposits had actually been made or whether recovery from the Electronic Cash Ledger exceeded those deposits. It directed independent consideration of the taxpayer's representation after a personal hearing and required a reasoned and speaking order within the stipulated period. Any recovery found to exceed the cumulative statutory pre-deposits must be refunded or recredited. The underlying merits of the GST demand remain open.....