Answer

GST

Stopping recovery while the appeal is pending

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  1. Facts

    Once you pay the admitted amount and the pre-deposit and file the appeal, recovery of the balance is deemed stayed under Sec 107(7). Recovery should not continue for that amount.

  2. Provisions and law

    • Sec 107(7), CGST Act 2017On payment of the pre-deposit, recovery of the balance is deemed stayed
    • Sec 79, CGST Act 2017Recovery powers for amounts payable, which apply only to amounts that are due
  3. Analysis

    Recovery sometimes starts because the officer has not seen the appeal. Example: Rs 8 lakh demand, Rs 80,000 pre-deposit paid, appeal filed; a bank attachment notice arrives. Send the officer the APL-02 or acknowledgement and payment proof the same day, asking to withdraw it. If it continues, approach the Appellate Authority or a High Court.

  4. Conclusion

    1. Make sure the pre-deposit and admitted amount are paid
    2. Send the officer a letter with appeal and payment proof
    3. Ask for withdrawal of any attachment or recovery notice
    4. Escalate to the Appellate Authority or court if needed

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