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2016 (7) TMI 481 - HC - VAT and Sales TaxWaiver of pre-deposit - assessee submitted that the assessee has already deposited ₹ 40 lacs by way of predeposit. Its financial condition would not permit any further pre-deposit. In any case, the department has attached six offices and one open plot belonging to the partners of the firm which could provide adequate security for the departmental dues. He therefore, requested that the Commissioner be directed to hear appeals on merits. - Input tax credit - credit was denied on the ground that the dealers from whom the goods were purchased were engaged in bogus billing activities and on that ground their registrations were cancelled ab initio. - GVAT - Held that:- we are of the opinion that the department's interest would be sufficiently safeguarded by securing possible dues through immovable properties of the partners of the firm - We are informed that some of the properties belong to the relatives of the partners of the firm. The partners as well as such relatives-owners shall file undertaking before this Court that they have no objection to the attachment continuing and in the eventuality of the tax dues of the firm remaining unpaid, they would raise no objection to the department selling said properties for recoveries thereof. - Matter remitted back before appellate authority for decision on merits.
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