The case involves the Admission of appeal for compliance with ...

Andhra Pradesh High Court allowed appeal without depositing 12.5% u/s 31 of AP VAT Act, following precedent to consider appeal without payment.

Case Laws     VAT and Sales Tax

May 22, 2024

The case involves the Admission of appeal for compliance with the deposit requirement of 12.5% u/s 31 of the AP VAT Act. The rejection of endorsement was based on Form-H filing timing post CST assessment. The court held that u/s 31(1) IIIrd proviso, appeal admission requires proof of payment of due amounts and 12.5% difference. As no tax, penalty, or interest was due, the 12.5% deposit was not necessary. Citing M/s. Sri Hari Maharalayam Company case, the court directed appeal consideration without the 12.5% payment. The impugned order was set aside, directing the respondent to admit the appeal without III proviso compliance. The writ petition was allowed.

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