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2016 (7) TMI 120

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..... tries in the said affidavit and discard the assertions made in the letter dated 24.9.2015, it would emerge that the entire sale turnover of Diamond Oil Industries during said period was to the petitioner of which he admits that the sale of ₹ 24.38 crores was not shown in the returns. The pre-deposit condition is modified by providing that the petitioner shall deposit 30 per cent of the principal tax with interest excluding penalty. - Decided partly in favor of petitioner. - SPECIAL CIVIL APPLICATION NO. 6184 of 2016 - - - Dated:- 24-6-2016 - MR. AKIL KURESHI AND MR. A.J. SHASTRI, JJ. FOR THE PETITIONER : UCHIT N SHETH, ADVOCATE FOR THE RESPONDENT : Mr. Hardik Vora, Assistant GOVERNMENT PLEADER ORAL JUDGMENT .....

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..... es. He therefore, disallowed the entire tax credit relatable to the petitioner's purchases from said Diamond Oil Industries and raised a tax demand of ₹ 2.55 crores with interest of ₹ 2.04 crores. He also imposed penalty of ₹ 1.27 crores and raised a total demand of ₹ 5.87 crores. 3. The petitioner challenged this order of assessment by filing Appeal. The appellate authority asked the petitioner to deposit 30 per cent of the entire demand by way of predeposit. Against said order, the petitioner approached the Tribunal. The Tribunal by the impugned order, rejected the appeal since the petitioner could not pay such amount before the Tribunal which was made a pre-deposit for hearing the petitioner's appeal be .....

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..... ported in the sale register and in turn, not shown in the periodical returns filed under VAT Act. In fact, going by this letter on which the petitioner itself relies, said Diamond Oil Industrie's stand appears to be that none of the sales made to the petitioner were reflected in the registers and correspondingly in the returns filed under the Act. Thus, quite apart glaring features of the total turnover of Diamond Oil Industries ₹ 24.38 crores similar period during which the petitioner claimed to have made purchases worth ₹ 51.04 crores. As per Diamond Oil Industries, none of the sales made to the petitioner seems to have been reflected in the tax return. Learned counsel for the petitioner would however draw our attention to .....

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..... titioner of which he admits that the sale of ₹ 24.38 crores was not shown in the returns. 8. In view of such facts, at the stage of pre-deposit, we would not like to drastically reduce the amount fixed by the authorities. At the stage of pre-deposit, we can only broadly examine the rival contentions. Under the circumstances, petition is disposed of with following directions: (1) The pre-deposit condition is modified by providing that the petitioner shall deposit 30 per cent of the principal tax with interest excluding penalty. (2) It shall be done latest by 31.7.2016 upon which the petitioner's appeal to the first authority shall stand restored. 9. Petition disposed of accordingly. - - TaxTMI - TMITax - CST, VAT & .....

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