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2017 (1) TMI 1116 - HC - VAT and Sales TaxRestoration of appeals - pre-deposit - Held that - all these Appeals are disposed of by directing the common appellant to deposit the total sum of ₹ 50 lakhs by way of pre-deposit to be deposited within a period of two months from today (as agreed) and on such deposit first appellate authority to decide and dispose of the respective Appeals in accordance with law and on its own merits - appeal restored - present appeal allowed - decided in favor of appellant.
Issues:
Challenge to impugned judgment and order passed by the Gujarat Value Added Tax Tribunal regarding pre-deposit requirements. Analysis: The common appellant, a dealer/assessee, challenged the judgment and order of the Gujarat Value Added Tax Tribunal, which directed a pre-deposit of 5% of the tax liability/demand, with the remaining demand stayed during the appeal process. The Deputy Commissioner of Commercial Tax had earlier ordered a 25% pre-deposit, leading to dismissal of the appeals for non-payment. The appellant argued on various grounds, including exceeding the limitation period and financial instability due to being before BIFR and AAIFR. The tribunal reduced the pre-deposit to 5% of the tax liability, leading to the current appeals. During the hearing, the appellant agreed to deposit ?50 lakhs within two months, which would stay the remaining demand during the appeal process. Failure to deposit the agreed amount within the stipulated time would confirm the first appellate authority's dismissal of the appeals. The court emphasized that this deposit was crucial for the disposal of the pending appeals before the tribunal. The judgment directed the appellant to deposit ?50 lakhs as a pre-deposit within two months, with the first appellate authority instructed to decide on the appeals based on their merits. Failure to make this deposit within the specified time would result in the confirmation of the dismissal by the first appellate authority. This decision effectively disposed of all the appeals before the court.
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