Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2015 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (5) TMI 452 - HC - VAT and Sales TaxValidity of Tribunal's order - Whether the Appellate Tribunal, Value Added Tax was justified and right in dismissing the appeal filed by the appellant Rosa Traders Pvt. Ltd. for failure to deposit the entire amount of ₹ 2 lakhs - Held that:- appellant has closed and stopped their business activities and the person in charge is an old man more than 85 years of age. The lapse and default on the part of the appellant, because of the delay in depositing ₹ 2 lakhs is accepted. It is pointed out that the total quantum of additions, which were subject matter of challenge before the Appellate Tribunal is ₹ 39,40,971/-. It is submitted that in case the appeal is not heard and decided on merits, the appellant will be burdened with the huge liability, which, keeping in view the old age and financial position, the company may not be able to meet and the person in charge would face penurious situation. Noticing these facts while issuing notice vide order dated 09.09.2014, we had asked the appellant, whether they could deposit a further amount. Learned counsel for the appellant has stated that they would deposit another amount of ₹ 50,000/- and a challan would be produced. - appellant has produced before us photocopy of the two challans dated 17.09.2014 and 19.09.2014 of ₹ 25,000/- each, totalling to ₹ 50,000/-, whereby the said amount stands deposited. Keeping in view the aforesaid facts and also noticing the advanced age of the person in charge, we are inclined to allow the appeal and to answer the question of law in favour of the appellant. - appeal is restored to be decided on merits by the Appellate Tribunal, Value Added Tax - Decided in favour of assessee.
|