9911796707
TMI Blog2011 (12) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... on was made - A.O. imposed tax, interest and penalty on the basis of figures from the revised return – Held that:- There is no demand on the basis of original return. The revised return has been rejected as void. In these circumstances, appellant should not be asked to make a pre-deposit before the hearing of the appeals. Even after the audit is carried out under the Act, the tax assessed was in m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est and penalty in each of the appeals as a pre-condition for hearing of the appeals on merit. 2. After hearing counsel for the parties, the following substantial question of law is framed:- "Whether the Tribunal was justified in directing pre-deposit of 15% of the tax, interest and penalty under Section 76(4) of the Act as a pre-condition for hearing of the appeal." 3. With the consen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed forward in terms of the Explanation attached to Section 11 (2) of the Act. 5. Subsequently, the appellant realized that there was a mistake and inadvertently they had not included the entire/full input tax credit on the purchase turnover made during this quarter. Accordingly, a revised return was filed to enhance the tax credit carried forward from Rs.9,50,631/- to Rs.22,13,576/-. 6. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the said facts had imposed tax, interest and penalty on the basis of figures from the revised return. Learned counsel for the appellant submits that there is a contradiction in the order, as the revised return has been rejected as void and invalid. 7. The aforesaid order was confirmed by the Special Commissioner-I. She made further adjustment. 8. It is in these circumstances that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in case the appellant has taken benefit of the carried forward tax in the next year on basis of revised return, appropriate order can be passed by the Assessing Officer in accordance with law. 11. Opinion expressed above is for disposal of the present appeal and will not be binding on the Tribunal when the appeals are heard on merits. The appeal is disposed of. No costs. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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