9911796707
TMI Blog2007 (12) TMI 434X X X X Extracts X X X X X X X X Extracts X X X X ..... r article 226 of the Constitution the prayer made by the petitioner is for quashing order dated August 30, 2006 (annexure P24) passed by the Excise and Taxation Officercum Designated Officer (respondent No. 2) and order dated September 7, 2007 (annexure P34) passed by the Punjab Vat Tribunal (for brevity, "the Tribunal"). In the alternative a further prayer has also been made for quashing order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . On the appeal an order dated February 19, 2007 (annexure P35) has been passed directing the petitioner to comply with the mandatory provisions of section 62(5) of the Act which require that an appeal is not to be entertained unless such an appeal is accompanied by satisfactory proof of prior payment of 25 per cent of the amount of tax, penalty and interest. The petitioner was granted time to pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 608 Penalty under section 56 : 4,03,33,216 Penalty under section 60 : 5,000 (for non-production of books of account) Interest : 2,45,254 Total : 6,07,60,078 Accordingly no view is being expressed with regard to the correctness of the amount of wrong ITC claim availed by the petitioner. However, keeping in view the various aspects and in the interest of justice, we dee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the matter on merits without being influenced by the observations made by any authority in any of the orders. If the amount is deposited on or before January 7, 2008 then the order dated February 19, 2007 (annexure P 36) passed by respondent No. 3 and further order dated September 7, 2007 passed by the Tribunal would stand quashed. The appeal filed by the petitioner shall then be heard on merit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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