9911796707
TMI Blog2024 (11) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit and grant of any stay against recovery - HELD THAT:- It appears that the Tribunal ought to have taken into consideration the appellate order whereby, the brought forward towards Input Tax Credit of Rs. 1,12,01,251/- was permitted for the period under consideration i.e. 2014-15 and the appellant ought to have been directed to block such credit of Rs. 18,00,000/- out the said brought forward Input Tax Credit for consideration of the appeals on merits. The appellant shall file an undertaking on affidavit before the Tribunal that the appellant shall not utilize the block Input Tax Credit amounting to Rs. 18,00,000/- from the input tax amounting to Rs. 1,12,01,251/- duly carried forward from Financial Year 2013-14 to 2014-15 which is ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase, the Gujarat Value Added Tax Tribunal ought to have insisted for further payment towards pre-deposit and grant of any stay against recovery? 2. The facts giving rise to this appeal are as under: 2.1 The appellant is a trader/reseller of Tablets, Mobiles and its accessories. 2.2 The appellant was assessed by the Assistant Commissioner of State Tax, Unit 5, Ahmedabad for the period 2014-15 under section 34 of the GVAT Act and assessment order dated 30.03.2019 was passed raising demand of Rs. 1,08,71,987/- towards tax and Rs. 76,64,751/- towards interest total demand being Rs. 1,85,36,738/-. The Assessing Officer raised the demand because of total curtailment of the brought forward tax credit of Rs. 1,12,01,251/- for the period in question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid Rs. 2 Lakh towards pre-deposit amount as directed by the Tribunal on account of the extreme financial crunch due to Covid 19 Pandemic and a request was also made before the Tribunal for extension of time to comply with the direction of pre-deposit. 2.7 It is the case of the appellant that during the pendency of the Second Appeal before the Tribunal, the First Appeal on the issue of classification filed before the Joint Commissioner State Tax Appeal-I for the previous period of 2013-14 was decided by order dated 07.07.2020 in favour of the appellant and accordingly, the input brought forward tax credit of Rs. 1,12,01,251/- was granted. 2.8 The Tribunal was apprised about the above facts during the course of hearing on 22.11.2021. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leased further pleased to restrain the respondent from making any recovery of the amounts of tax and penalty from the applicant herein pursuant to the assessment order dated 28.03.2019 passed by the Ld. Assistant Commissioner of State Tax, Unit-5, Ahmedabad and confirmed by Appellate Authority vide its Order dated 17.07.2019 and confirmed by way of order passed by the Gujarat Value Added Tax Tribunal in Second Appeal Nos.813 of 2019 dated 22.11.2021 in the interest of justice during pendency and final disposal of the present petition; [F] Your Lordships may be pleased to stay the execution, implementation and operation of the notice dated 23.02.2022 issued in exercise of powers under Section 44 of the Gujarat Value Added Tax; [G] Your Lords ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the appeals on merits. 6. Learned Assistant Government Pleader Mr. Chintan Dave upon instructions submitted that there is Input Tax Credit available to the tune of Rs. 1,12,01,251/- in the Electronic Credit Ledger of the appellant. 7. In view of the above facts and considering the facts filed by the appellant following order is passed in the interest of justice to see that the appellant gets the opportunity of arguing the matters on merits before the Tribunal: (i) The appellant shall file an undertaking on affidavit before the Tribunal that the appellant shall not utilize the block Input Tax Credit amounting to Rs. 18,00,000/- from the input tax amounting to Rs. 1,12,01,251/- duly carried forward from Financial Year 2013-14 to 2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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