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2020 (9) TMI 219 - HC - VAT and Sales TaxMaintainability of petition - petition was dismissed on the ground of availability of alternative appellate remedy - requirement of pre-deposit being the pre-condition to entertain the appeal - HELD THAT:- During the hearing, it was pointed out that, before the Division Bench, where the writ appeals were originally heard, at the time of admission on 28.11.2019, the learned counsel for the assessee had offered to deposit 10% of the demand made in the impugned assessment for invocation of the statutory remedy before the appellate authority - The said offer was made voluntarily on the side of the assessee, of course, in the context of conditions imposed under the relevant provisions of the TNVAT Act to deposit 25% of the demand/tax due, as pre-deposit being the pre-condition to entertain the appeal. Only in order to get instructions to that offer made by the assessee side, the counsel appeared on behalf of the revenue seems to have taken time and only at that stage those writ appeals came to be disposed by our Division Bench in the common order dated 05.12.2019. The impugned assessment order and the impugned demand dated 12.07.2019 made by the assessing authority for the assessment years 2013- 14, 2014-15 and 2015-16 respectively, which are impugned in the respective writ petitions, which are the subject matter in the appeal are hereby set aside - Consequently, the matters are remitted back to the assessing authority for reassessment. Petition allowed by way of remand.
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