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2020 (7) TMI 84 - HC - VAT and Sales TaxReopening of assessement - compounding of tax - reversal of tax under Section 25(1) of the 2003 Act - HELD THAT:- It is a matter of record that the second appeal is pending adjudication before the Tribunal. On going through Ext.P4, the demand was stayed subject to deposit of 20% way back in February 2020 and the amount ordered to be deposited in one month expired on 19.03.2020. The petitioner prima facie do not require any concession but, the Tribunal ought to have imposed the condition of 20% as envisaged under Section 55(4) of the 2003 Act, though strictly not applicable to the second appeal, particularly owing to the fact that there was complete lock down and hardy any business carried out during this period and it was very difficult to generate money and pay the amount. The percentage of amount reduced from 30% to 20% which would come ₹ 15,83,000/- an odd, rounded to ₹ 16,00,000/- to be deposited in two instalments. The first instalment to be deposited on or before 25.06.2020 and the second would fall on 25.07.2020. Thereafter on compliance of the direction, the Tribunal shall consider and decide the appeal. In case of any failure to deposit the amount, the respondents shall be at liberty to initiate action for recovery of the amount in accordance with law - petition disposed off.
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