2016 (6) TMI 1288 - HC - VAT and Sales Tax

Maintainability of appeal - requirement of pre-deposit - non-production of necessary forms - Held that - The appellant shall deposit with the Government 20 per cent of the principal tax liability quantified by the Assessing Officer which would exclude interest and penalty latest before 30th September, 2016 - In view of the further fact that the assessee desired to present necessary forms which would have duly established on record, enabling the assessee to claim low rate of tax, the matter placed back before the original assessing authority - appeal disposed off.

Summary

Issues:
Disputed value-added tax and central sales tax for assessment years 2008-2009 and 2009-2010, pre-deposit condition imposed by the VAT Tribunal, failure to satisfy the pre-deposit condition leading to dismissal of appeals.

Analysis:
The judgment concerns appeals related to disputed value-added tax and central sales tax for two assessment years. The primary issue revolves around the pre-deposit condition set by the VAT Tribunal, which, when not met by the assessee, resulted in the dismissal of the appeals. The Assessing Officer had initially determined a refund under the Gujarat Value Added Tax Act but raised a substantial demand inclusive of interest and penalty. The appellate authority then imposed a pre-deposit condition of 20% of the total tax demand, including penalties and interest, which the assessee failed to fulfill, leading to the dismissal of the appeals by the Tribunal.

Upon hearing arguments from both parties, it was revealed that the tax liability arose due to the assessee's failure to produce necessary forms, which could have potentially reduced or nullified the tax liability. The appellant argued that the imposition of the 20% pre-deposit condition at the first appellate stage was unjustified, while the Assistant Government Pleader contended that the necessary forms were never submitted by the assessee at any stage of the proceedings.

Considering the circumstances and the fact that the assessee intended to present necessary forms that could impact the tax liability significantly, the High Court decided to intervene in the matter. The Court acknowledged that the assessee had not submitted essential documents during the assessment proceedings but provided an opportunity for the assessee to produce such documents under certain conditions. These conditions were framed as a conditional remand order rather than a pre-deposit requirement, with the understanding that the appellant did not object to such conditions being imposed.

The judgment concluded with specific directions for the appellant to deposit 20% of the principal tax liability with the government by a specified date. Upon compliance with this condition, the orders of the appellate authority and the Tribunal would be reversed, and the matter would be remanded to the Assessing Officer for fresh assessment in accordance with the law, allowing the appellant to submit additional materials. The Assessing Officer was instructed to proceed with the assessment only after verifying that the appellant had fulfilled the deposit condition. Failure to meet the deposit requirement within the given timeframe would result in the withdrawal of the liberty granted to the appellant.