2021 (2) TMI 250 - HC - VAT and Sales Tax

Maintainability of appeal - failure to make payment of pre-deposit - HELD THAT - It appears that the Assessment Orders for the respective years were challenged before the First Appellate Authority and Tribunal as referred to above. However all the appeals having been dismissed only the ground of nonpayment of pre-deposit amount and accordingly without entering into the merits of the case the appeals were dismissed summarily. The appeals filed before the First Appellate Court must be heard on merits more particularly out of Rs. 12 lakhs the substantial amount of pre-deposit of Rs. 7, 43, 000/- is already deposited on different dates before the concerned authorities. We also take into consideration the statement made at the bar by learned advocate Mr. Trivedi that writ applicant will deposit the remaining amount of Rs. 4, 33, 000/- within a period of 8 weeks from today - Application disposed off.

Summary

Issues:
Petition under Article 226 - Identical and common issues - Quashing of orders - Restoration of appeal - Pre-deposit amount - Dismissal of appeals - Financial constraints - Remand for hearing on merits.

Analysis:
The judgment by the Gujarat High Court involved a petition under Article 226 of the Constitution of India, addressing identical and common issues raised by the writ applicant. The applicant sought the quashing of orders dated 05.02.2016 and 23.12.2015 by the Gujarat Value Added Tax Tribunal and an order dated 25.11.2013 by the First Appellate Authority. The primary relief sought was the restoration of the appeal and the opportunity to contest the appeal on merits. The applicant, a Proprietorship Firm in Ahmedabad, faced tax liability for the Assessment Years 2004-05 and 2005-06 under the Gujarat Sales Tax Act, 1969, and the Central Sales Tax Act, 1956, based on an investigation by the Sales Tax Department.

The First Appellate Authority had dismissed the three appeals summarily due to the applicant's failure to make pre-deposit payments within the stipulated time. Subsequently, the Gujarat Value Added Tax Tribunal also dismissed the appeals on similar grounds but allowed the applicant to apply for restoration upon payment of a specified amount within 30 days. The applicant approached the High Court seeking relief in this matter.

During the hearing, the applicant's counsel highlighted the financial constraints faced by the applicant, leading to the inability to make the complete pre-deposit amount. The counsel informed the court that a partial amount had been deposited, with a commitment to pay the remaining sum within 8 weeks. The court considered these submissions and noted that a substantial portion of the pre-deposit had already been made.

Consequently, the High Court set aside the orders of the Tribunal and the First Appellate Authority. The matters were remitted back to the First Appellate Authority for a fresh decision on the appeals, emphasizing that the appeals must be heard on merits. The court directed the applicant to deposit the remaining pre-deposit amount within 8 weeks for the appeals to proceed. The First Appellate Authority was instructed to ensure full payment of the pre-deposit amount before proceeding with the appeals.

In conclusion, the High Court disposed of all Special Civil Applications related to this matter without imposing any costs. The judgment focused on the need for a fair hearing on the merits of the appeals, considering the partial pre-deposit made by the applicant and the commitment to fulfill the remaining amount within the specified timeframe.