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Patna HC Grants GST Recovery Stay with 10% Deposit Requirement

Case Law Details

TaxGuru Citation
2024 taxguru.in 4890
Case Name
Mani Printers Vs State of Bihar (Patna High Court)
Date of Judgement/Order
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Mani Printers Vs State of Bihar (Patna High Court)

In the case of Mani Printers vs. State of Bihar & Ors., the Patna High Court addressed the issue of GST recovery dues in light of a proposal to reduce the appeal deposit from 20% to 10% under the Bihar Goods and Services Tax Act, 2017 (BGST Act). Currently, the GST Appellate Tribunal has not been constituted, which has resulted in the court previously requiring the payment of 20% of tax dues for filing appeals. This long-standing requirement has faced criticism, leading to the proposal for a reduction in the deposit amount. Although the notification formalizing this change has not yet been issued, the court’s ruling reflects an acknowledgment of the ongoing discussions surrounding the matter.

Taking into account the proposal to lower the appeal deposit, the court decided to grant a stay on the recovery of the GST dues, contingent on the petitioner paying 10% of the tax dues within one month. This ruling aims to alleviate the immediate financial burden on the petitioner while awaiting the establishment of the GST Appellate Tribunal and the subsequent implementation of the reduced deposit requirement. The court’s decision indicates a willingness to adapt to the evolving legislative landscape concerning GST appeals and reflects a pragmatic approach to handling cases in the interim period.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,620

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