Case Title | Jey Tech Moulds Dies vs The Deputy Commissioner (GST) |
Court | Madras High Court |
Honorable Judges | Justice krishnan ramasamy |
Citation | 2023 (11) GSTPanacea 218 HC Madras W.P.No.33523 of 2023 |
Judgment Date | 30-November-2023 |
The petitioner in this legal matter had their bank account frozen by the respondents. In response, the petitioner submitted a representation on October 18, 2023, requesting the unfreezing of their bank account and expressing their intention to deposit the pending Input Tax Credit (ITC) to the respondents. Additionally, the petitioner filed an appeal before the Appellate Authority, accompanying it with a payment of Rs. 83,000 for the appeal’s acceptance, which is awaiting numbering by the respondent.
During the court proceedings, both the learned counsel for the petitioner and the respondents presented their arguments, and the court examined the available evidence.
After reviewing the submissions, it became evident that the respondent directed the petitioner to pay a sum of Rs. 4,34,522. As per Section 107 of the Goods and Services Tax Act, 2017 (referred to as the “GST Act”), if the petitioner pays 10% of the outstanding tax dues along with the penalty, the respondent’s proceedings will be affected.
The legal position regarding the freezing of bank accounts was confirmed by the learned counsel for the respondents. According to Section 107 of the Act, since the petitioner has paid a sum of Rs.83,000, the respondent is obligated to unfreeze the petitioner’s bank account. Consequently, the respondents are directed to review the petitioner’s representation dated 18.10.2023 and unfreeze the bank account upon the submission of proof of deposit of Rs.83,000 or 10% of the total demand made by the respondent. This action must be completed within one week from the date of receipt of this order.
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