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TMI Blog2018 (5) TMI 1812X X X X Extracts X X X X X X X X Extracts X X X X ..... y it is to be counted towards payment of 50% of deferred tax upfront. The substantial questions of law are answered accordingly and the appeal stands dismissed. - VATAP No.66 of 2018 (O&M) - - - Dated:- 29-5-2018 - HON BLE MR. JUSTICE AJAY KUMAR MITTAL, ACTING CHIEF JUSTICE And HON BLE MR. JUSTICE TEJINDER SINGH DHINDSA Ms. Mamta Singla Talwar, DAG, Haryana for the appellant revenue ORDER Ajay Kumar Mittal, ACJ. 1. The appellant-revenue has filed the instant appeal under Section 9(2) of the Central Sales Tax Act, 1956 read with Section 36 of the Haryana Value Added Tax, Act, 2003 (in short, the HVAT Act ) against the order dated 18.5.2017, Annexure A.3 passed by the Haryana Tax Tribunal (in short, the Tribunal ) in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground that the assessment order was illegal and benefit of deferment which was allowable under Section 61(2)(d)(iii) of the HVAT Act was wrongly reduced. Vide order dated 22.01.2014, Annexure A.2, the JETC(A) dismissed the appeal. Not satisfied with the order, the assessee filed second appeals before the Tribunal. Vide common order dated 18.5.2017, Anenxure A.3, the Tribunal allowed the appeals relying upon the judgment of this Court dated 25.7.2014 in M/s Sonex Auto Industries Private. Limited, Bahadurgarh (Haryana) vs. State of Haryana in VATAP No.48 of 2012. Hence the instant appeal by the appellant-revenue. 4. We have heard learned counsel for the appellant-revenue. 5. It is not disputed by the learned counsel for the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm of tax concession made available was deferment of tax, both tax exemption and capital subsidy were done away with. Clause. (iii) of section 61(2)(d) deals with concession of tax deferment. An optional provision for payment of half of the amount of deferred tax along with returns at the discretion of the industrial unit, is made in it and on payment of that amount, the whole of the amount of tax due according to the returns would be deemed to have been paid. xxxxx 23. Under section 61(2) (d) (iii) of the HVAT Act read with Rule 69(2) of the HVAT Rules, the tax benefit under the HGST Act is to be continued in the form of tax deferment under the HVAT Act for the remaining period and the remaining extent of ben ..... X X X X Extracts X X X X X X X X Extracts X X X X
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