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2016 (5) TMI 984 - GUJARAT HIGH COURT

2016 (5) TMI 984 - GUJARAT HIGH COURT - TMI - Applicability of Section 50 of the GVAT Act, 2003 - Movement of goods post-delivery to the CSA - Liability of tax - Tax already deposited under protest and CSAs have also sought further installments to pay such amount - Held that:- the respondents shall provide all the books of account to the petitioners as well as any of the hard-disks seized by them to enable the petitioners to respond to any of the queries raised by the Value Added Tax Department. .....

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cial Civil Application No. 5466 of 2016 - Dated:- 3-5-2016 - Harsha Devani And G. R. Udhwani, JJ. For the Petitioner : Mr Mihir Joshi For the Respondent : Mr Kamal Trivedi ORDER ( Per : Honourable Ms. Justice Harsha Devani ) 1. Heard Mr. Mihir Joshi, Senior Advocate, learned counsel with Mr. Tanvish Bhatt, learned advocate for the petitioners and Mr. Kamal Trivedi, learned Advocate General with Ms. Maithili Mehta, learned Assistant Government Pleader for the respondents. 2. On a consensus arrive .....

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the petitioners and the CSA since it was always meant for sale within the State of Gujarat. The allegation is on the movement of goods post-delivery to the CSA which is beyond the control of the petitioners. According to the petitioners, even otherwise section 50 of the GVAT Act relates to liability of tax which does not include interest and penalty. Tax is already deposited under protest and the CSAs have also sought further installments to pay such amount. Hence, under section 50 of the GVAT .....

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