2013 (2) TMI 810 - HC - VAT and Sales Tax

Summary

Issues involved: Appeal against assessment order passed by Value Added Tax Authority, waiver of predeposit, cancellation of registration of dealers affecting tax liability, validity of tax credit on purchases made before registration cancellation.

Summary:
The appellant-assessee appealed against an assessment order by the Value Added Tax Authority and requested waiver of predeposit. The Tribunal directed the appellant to deposit 15% of the amount, but the appellant failed to do so, resulting in the vacation of the stay. The appellant then approached the High Court, highlighting that the tax appeal was still pending. The Court observed discrepancies in denying tax credit based on the cancellation of dealers' registrations with retrospective effect. The appellant argued that tax credit should not be denied for purchases made when the dealers' registrations were valid. The Court noted a strong prima facie case in favor of the appellant, indicating that the entire additional tax was imposed due to non-availability of credit from canceled dealers. Consequently, the Court set aside the Tribunal's order, allowing the appellant to enjoy stay without pre-deposit during the appeal process. The appeal was directed to be heard promptly.

In the case, the appellant demonstrated grounds for total waiver of predeposit, emphasizing that the tax demand was primarily based on the cancellation of dealers' registrations after the purchases were made. The Court acknowledged the appellant's argument and found merit in the case, suggesting that the decision in a previous case involving Meet Traders would be relevant. Consequently, the Court overturned the Tribunal's order from 10.05.2012, granting the appellant stay without pre-deposit during the pending appeal. The Court emphasized the need for an expeditious disposal of the appeal, ensuring a fair hearing on the merits of the case.