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TMI Blog2019 (1) TMI 1299X X X X Extracts X X X X X X X X Extracts X X X X ..... g the recovery proceedings, the court is of the view that when the petitioner is coming forth to offer the land described hereinabove which worth approximately rupees two crore by way of security and is also ready and willing to execute a bond in respect of the said property, which is more than sufficient to secure the interest of the revenue and is also ready and willing to make a pre-deposit of rupees two lakhs, the interests of justice would be met with if the appeal is restored at the stage of the first appellate authority by directing the petitioner to make a pre-deposit of rupees two lakhs and to execute a bond in respect of the said property, together with an undertaking of the owner of the property to the effect that he shall not in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a show cause notice came to be issued to the petitioner, which culminated into an order dated 31.03.2017 raising a demand of ₹ 4,33,01,858/-, including tax and 100% penalty. 4.1 Being aggrieved, the petitioner went in appeal before the Deputy Commissioner of Commercial Tax (Appeals), Mehsana. By the impugned order dated 16.03.2018, the first appellate authority dismissed the appeal under sub-section (4) of section 73 of the Gujarat Value Added Tax Act, 2003 on the ground that the petitioner had not made pre-deposit of 10% of the demand. 4.2 The petitioner carried the matter in further appeal before the Tribunal in Second Appeal No.485 of 2018. By an order dated 10.05.2018, the Tribunal admitted the second appeal and stayed recov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the present case stands concluded in favour of the petitioner by an order dated 11.04.2008 passed by the Tribunal in the case of M/s Rupera Transport v. State of Gujarat rendered in Second Appeal No.330 of 2001. It was submitted that therefore, the petitioner has got a very good case on merits and hence, the petitioner may not be directed to make any pre-deposit and that furnishing of a bond in respect of the said property should meet with the ends of justice. 5.2 It was further submitted that the petitioner is ready and willing to deposit a sum of rupees two lakhs by way of pre-deposit and in addition thereto, by way of security, the petitioner is ready and willing to offer a non-agriculture land for industrial purpose belonging to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f dismissing the appeal on the ground of non-payment of pre-deposit would not arise. 9. Insofar as payment of an amount of rupees thirty lakhs for stay of recovery is concerned, since the Tribunal itself had directed the petitioner to deposit a sum of rupees thirty lakhs for the purpose of staying the recovery proceedings, the court is of the view that when the petitioner is coming forth to offer the land described hereinabove which worth approximately rupees two crore by way of security and is also ready and willing to execute a bond in respect of the said property, as referred to hereinabove, which is more than sufficient to secure the interest of the revenue and is also ready and willing to make a pre-deposit of rupees two lakhs, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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