CST & VAT: High Court reduced pre-deposit as it was causing financial hardship to assessee
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[2014] 49 taxmann.com 590 (Gujarat)
HIGH COURT OF GUJARAT
Laxmi Metal Works
v.
State of Gujarat*
M.R. SHAH AND K.J. THAKER, JJ.
TAX APPEAL NO. 322 OF 2014
CIVIL APPLICATION NO. 208 OF 2014†
AUGUST 14, 2014
Section 73 of the Gujarat Value Added Tax Act, 2003 - Commissioner (Appeals) - Appeals to (Pre-deposit) - Assessing Officer confirmed total demand of Rs. 20.15 lakh as tax, Rs. 14.51 lakh as interest and Rs. 30.22 lakh as penalty - Commissioner dismissed appeal for failure to pre-deposit 20 per cent of total demand of Rs. 64.87 lakh i.e., Rs. 12.97 lakh - Tribunal instructed to pre-deposit 60 per cent of tax demand of Rs. 20.15 lakh, i.e., 12.09 lakh - Assessee requested to reduce amount of pre-deposit pleading financial hardship - Whether assessee should be allowed to pre-deposit Rs. 7.5 lakh and Commissioner should decide appeal on merit - Held, yes [Paras 7 & 8][In favour of assessee]
■■■
[2014] 49 taxmann.com 590 (Gujarat)
HIGH COURT OF GUJARAT
Laxmi Metal Works
v.
State of Gujarat*
M.R. SHAH AND K.J. THAKER, JJ.
TAX APPEAL NO. 322 OF 2014
CIVIL APPLICATION NO. 208 OF 2014†
AUGUST 14, 2014
Section 73 of the Gujarat Value Added Tax Act, 2003 - Commissioner (Appeals) - Appeals to (Pre-deposit) - Assessing Officer confirmed total demand of Rs. 20.15 lakh as tax, Rs. 14.51 lakh as interest and Rs. 30.22 lakh as penalty - Commissioner dismissed appeal for failure to pre-deposit 20 per cent of total demand of Rs. 64.87 lakh i.e., Rs. 12.97 lakh - Tribunal instructed to pre-deposit 60 per cent of tax demand of Rs. 20.15 lakh, i.e., 12.09 lakh - Assessee requested to reduce amount of pre-deposit pleading financial hardship - Whether assessee should be allowed to pre-deposit Rs. 7.5 lakh and Commissioner should decide appeal on merit - Held, yes [Paras 7 & 8][In favour of assessee]
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