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TMI Blog2016 (12) TMI 1020X X X X Extracts X X X X X X X X Extracts X X X X ..... the said appeal on non-deposit of amount of pre-deposit as ordered earlier vide order dated 4/4/2016, the assessee has preferred the present appeal with the following proposed substantial questions of law:- "(i) Whether the Hon'ble tribunal has committed substantial error of law in dismissing the appeal of the appellant on failure to pay the amount of pre-deposit even though the appellant was not required to pay such amount in light of law and facts therein ? (ii) Whether the Hon'ble Tribunal has committed a substantial error of law in directing the appellant to deposit amount of Rs. 29,29,979/- for A.Y.2010-11 for stay order to come into operation ? (iii) Whether the Hon'ble Tribunal has committed a substantial error of law in not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal No.159 of 2016 before the learned tribunal. That by speaking and detailed order dated 4/4/2016, the learned tribunal directed the appellant to make payment of Rs. 29,29,979/- being amount of input tax credit wrongly and fraudulently claimed by the appellant by way of pre-deposit to be deposited within a period of one month and the learned tribunal directed that on payment of the said amount there shall be stay against remaining demand. The appeal was adjourned to 4/5/2016 for compliance of the order dated 4/4/2016 and for production of the Challan. As the appellant did not deposit entire amount of Rs. 29,29,979/- as ordered by the learned tribunal vide order dated 4/4/2016, by the impugned order the learned tribunal has dismissed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that in fact before the learned tribunal the appellant did produce certain transportation receipts issued by Sahjanand Transport, Gandhidham to prove genuineness of the purchases made by the appellant from M/s. Shriji Overseas Pvt. Ltd., Gandhidham. It is submitted that therefore, when the appellant produced proof with respect to transportation of goods which the appellant purchased from M/s. Shriji Overseas Pvt. Ltd., Gandhidham, the learned tribunal has materially erred in directing the appellant to deposit amount of Rs. 29,29,979/- towards the amount of pre-deposit. 3.04. Mr.Majmudar, learned advocate appearing on behalf of the appellant has further submitted that even as observed by the learned tribunal in the order dated 4/4/2016 tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ineness of the transactions with M/s. Shriji Overseas Pvt. Ltd., Gandhidham including the movement of goods. Therefore, A.O. found that the appellant was indulging into billing activities only. The order passed by the A.O. came to be confirmed by the first appellate authority against which the appellant preferred Second Appeal before the learned tribunal. That by detailed, speaking and reasoned order dated 4/4/2016, the learned tribunal directed the appellant to deposit Rs. 29,29,979/- towards the amount of pre-deposit within a period of 30 days and further directed that on such deposit there shall be stay of malice demand. 4.02. That on non-deposit of amount of pre-deposit of Rs. 29,29,979/- which was directed to be deposited pursuant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and/or even before the first appellate authority. Be that as it may, on the material on record and the appellant having failed to prove genuineness of the transactions / purchase from M/s. Shriji Overseas Pvt. Ltd., Gandhidham on which the appellant claimed input tax credit of Rs. 29,29,979/- and thereafter when the A.O. denied the said input tax credit and raised demand with interest and penalty, against which by speaking, detailed and reasoned order the learned tribunal directed the appellant to deposit Rs. 29,29,979/- towards predeposit, it cannot be said that the learned tribunal has committed any error. 4.07. Now, so far as the contention on behalf of the appellant that as the transactions between the appellant and M/s. Shriji Oversea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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