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2016 (7) TMI 481 - GUJARAT HIGH COURT

2016 (7) TMI 481 - GUJARAT HIGH COURT - [2016] 93 VST 433 (Guj) - Waiver of pre-deposit - assessee submitted that the assessee has already deposited ₹ 40 lacs by way of predeposit. Its financial condition would not permit any further pre-deposit. In any case, the department has attached six offices and one open plot belonging to the partners of the firm which could provide adequate security for the departmental dues. He therefore, requested that the Commissioner be directed to hear appeals .....

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of the firm. The partners as well as such relatives-owners shall file undertaking before this Court that they have no objection to the attachment continuing and in the eventuality of the tax dues of the firm remaining unpaid, they would raise no objection to the department selling said properties for recoveries thereof. - Matter remitted back before appellate authority for decision on merits. - TAX APPEAL NO. 377 of 2015 With TAX APPEAL NO. 378 of 2015 - Dated:- 4-7-2016 - MR. AKIL KURESHI AND M .....

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03. The appellant was assessed for the assessment year 2006-2007. During assessment, the Assessing Officer disallowed input tax credit of the assessee of ₹ 1.31 crores (rounded off) on the ground that the dealers from whom the goods were purchased were engaged in bogus billing activities and on that ground their registrations were cancelled ab initio. The case of the assessee is that the purchases were genuine and any subsequent cancellation of the registration of the sellers would not res .....

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by way of pre-deposit as a condition to hear the appeal on merits. Since the assessee failed to do so, the appeal was dismissed only on this ground. Against this order, the assessee preferred further appeal before the Tribunal. Similar facts arise in other year. Total principal tax demand of the other year comes to ₹ 2.97 crores (rounded off). The Tribunal required the assessee to deposit ₹ 3 crores by way of pre-deposit but granted instalments, initially requiring the assessee to m .....

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ix offices and one open plot belonging to the partners of the firm which could provide adequate security for the departmental dues. He therefore, requested that the Commissioner be directed to hear appeals on merits. 3. In our dated 6.6.2016, we had observed as under: Learned counsel Ms. Vaibhavi Parikh submitted that an unencumbered immovable property of the partners of the firm valued at more than ₹ 25 crores has been attached by the department and therefore, the entire dues as per the o .....

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the open plot and the shops presented by the assessee. He relied on the Jantri rates of the properties in question to contend that total value of these properties would not exceed ₹ 3.50 crores. On the other hand, learned counsel for the assessee submitted that the real price of the property is far higher than Jantri rates. In any case, the principal tax due is less than ₹ 3.5 crores. The penalty is imposed without proper justification. 5. In facts of the case, we are of the opinion .....

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