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2019 (5) TMI 866 - HC - VAT and Sales TaxRequirement with the pre-deposit - appellant is incurring huge losses as is evident from the Balance Sheets and is not in a position to deposit the amount - reversal of input tax credit - bye products retained by the millers - HELD THAT:- The Tribunal while dismissing the appeal of the appellant noticed that the law required the entertaining of the appeal only when compliance under Section 62(5) of the Act was made. Further, the first appellate authority had already granted partial protection by directing the appellant to deposit 25% of the additional tax demand only. Therefore, the appellant was liable to comply with the provisions of Section 62(5) of the Act. Since the appellant failed to deposit 25% amount of the additional demand of the tax as required under the law, the Tribunal dismissed the appeal on that account. The appellant was required to pre-deposit 25% amount of the additional demand of tax liability only as directed by the DETC(A) and the Tribunal as a condition precedent for hearing of the appeal, which was reasonable and justified - appeal rightly dismissed.
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