2015 (9) TMI 629 - HC - VAT and Sales Tax

Waiver of pre-deposit amount Petitioner sought direction to Tribunal to admit its appeal without insisting on pre-deposit of 30% of disputed amount as stipulated under Section 63(4) of Karnataka Value Added Tax Act, 2003 Held that - Section 63(4) insists on pre-deposit of 30% of tax or other amount disputed and also fee equal to 2% of amount of assessment objected to There is no discretion vested with Appellate Authority to either reduce amount of deposit or waive deposit or make payment in any other form such as by bank guarantee Thus, relief claimed by petitioner cannot be granted Petitioner directed to make deposit in terms of Section 63(4) Decided against Petitioner.

Summary

Issues:
- Interpretation of Section 63 of the Karnataka Value Added Tax Act, 2003 regarding pre-deposit requirements for filing an appeal before the Appellate Tribunal.

Analysis:
The petitioner, a public sector undertaking, sought a direction to the Tribunal to admit its appeal without the pre-deposit of 30% of the disputed amount as mandated by Section 63(4) of the Act. The petitioner had previously filed a writ petition seeking relief regarding the deposit of tax amounts in the appeal process. The Court had earlier directed the petitioner to submit a bank guarantee for 30% of the outstanding dues based on a Supreme Court judgment. The petitioner's counsel argued that the bank guarantee should suffice as proof of payment for the current appeal before the Appellate Tribunal.

However, the Additional Government Advocate opposed this argument, stating that the provision does not allow for discretion in pre-deposit requirements. The Court examined Section 63(4) which mandates the pre-deposit of 30% of the tax or disputed amount along with a fee of 2% of the assessment objected to at the time of filing the appeal. The Court noted that the Appellate Authority cannot entertain an appeal without this deposit and does not have the power to reduce, waive, or accept alternative forms of payment like a bank guarantee. This provision differs from the one applicable for interim stay granted by the First Appellate Authority.

Consequently, the Court held that the relief sought by the petitioner cannot be granted. The petitioner was directed to make the required deposit as per Section 63(4) of the Act. Once the deposit is made, the Appellate Tribunal is to consider the appeal promptly, given the petitioner's status as a public sector undertaking. The writ petition was dismissed, subject to the mentioned observations and directions.