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2014 (7) TMI 195 - DELHI HIGH COURTWaiver of pre deposit - VATO held that the assessee claimed input tax credit (ITC) on goods purchased by it but had reduced the credit which was claimed after receiving the credit notes from the sellers and cash discount from the selling dealer - Held that:- As is evident from the previous discussion, the assessee has questioned the liability; its appeal on the substantive addition is pending before the VAT Tribunal. Admittedly, it has also deposited 40% of the disputed amount. In the circumstances, further requirement to deposit 20% of the penalty amount would not be warranted as it would place undue restriction on the appellant’s right to be heard in appeal. The direction to deposit 20% of the penalty amount made in the impugned order is hereby set aside - Decided in favour of assessee.
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