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HC directed Competent Authority to refund amount wrongly adjusted against outstanding GST dues

July 9, 2019[2019] 106 390 (Madras)

GST : Where Competent Authority had passed an order against assessee for recovery of refund wrongly sanctioned to it for periods July, 2017 to September, 2017 and assessee filed appeal against impugned order along with a deposit of 10 per cent of disputed amount by way of statutory pre-deposit and during pendency of appeal assessee filed refund claims for period March, 2018 to July, 2018 and Competent Authority sanctioned a certain amount by way of refund after adjusting outstanding dues, no recovery shall be effected against assessee in regard to balance of demands that shall be deemed to be under an order of stay and, therefore, adjustment of refund was not proper

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