2016 (11) TMI 749 - HC - VAT and Sales Tax

Condonation of delay in filing appeal - pre-deposit - father s ill health, prevented petitioner from taking any action and it is only when the petitioner s Bank Account was attached for recovery of the tax and penalty, the petitioner had taken action - Held that - For the Appeal to be entertained by the Appellate Authority, the mandatory pre-deposit of payment of 25% of the disputed tax has to be made. There is nothing to show that the petitioner has effected 25% payment. However, this Court is of the view that the petitioner should not be left without any remedy especially when he has been put to difficult circumstances on account of certain personal problem - the petitioner is directed to pay 50% of the disputed tax, within a period of four weeks from the date of receipt of a copy of this order - petition disposed off.

Summary

Issues:
1. Entertaining an appeal against an order of assessment under the Tamil Nadu Value Added Tax Act, 2006.
2. Failure to file an appeal within the prescribed time limit.
3. Request for condonation of delay due to personal circumstances.
4. Allegation of failure by the second respondent to entertain the appeal petition.
5. Requirement of mandatory pre-deposit for appeal to be entertained.
6. Court's consideration of petitioner's personal problem and providing a remedy.

Analysis:
1. The petitioner, a registered dealer under the TNVAT Act, sought direction to entertain an appeal against an assessment order. The petitioner was required to file the appeal within a specific timeframe from the date of the original order of assessment, along with a mandatory pre-deposit of 25% of the disputed tax.

2. The petitioner failed to adhere to the prescribed timeline for filing the appeal, citing personal reasons related to his father's illness as the cause for the delay. This led to the attachment of the petitioner's bank account for tax recovery purposes.

3. Despite the failure to make the mandatory pre-deposit within the stipulated period, the court acknowledged the petitioner's difficult circumstances and granted a favorable order. The court directed the petitioner to pay 50% of the disputed tax within four weeks, allowing the filing of an appeal thereafter without rejection on grounds of limitation.

4. The petitioner claimed that the second respondent failed to entertain the appeal petition, which raised concerns regarding the petitioner's access to due process and remedy under the law.

5. The court, considering the petitioner's situation, modified the requirement of the mandatory pre-deposit by allowing a partial payment and subsequent bond execution for the remaining disputed tax and penalty. This approach aimed to balance the interests of justice and the petitioner's need for a fair opportunity to appeal.

6. The judgment concluded by disposing of the writ petition in accordance with the directed payment terms, lifting the bank account attachment upon compliance, and ensuring the appeal process could proceed without further financial burden on the petitioner. The decision exemplified the court's discretion in addressing individual hardships within the legal framework of tax assessment appeals.