TMI Blog2019 (6) TMI 492X X X X Extracts X X X X X X X X Extracts X X X X ..... in PUNJAB STATE POWER CORPORATION LIMITED VERSUS THE STATE OF PUNJAB AND OTHERS [ 2016 (2) TMI 245 - PUNJAB AND HARYANA HIGH COURT ] , the First Appellate Authority has a power to waive off the precondition in appropriate cases - It would be pertinent to note here that additional demand in the present case is with regard to tax only and the appellant is required to deposit 25% of the tax amount. The condition imposed by the First Appellate Authority and the Tribunal for entertainment of appeal was reasonable. Learned counsel for the appellant has not been able to point out any perversity in the order of the Tribunal. No interference is called for in the impugned order - The appeals involve no question of law much less a substantia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ( i) Whether on the facts and circumstances of the case, Ld. Tribunal was justified in directing the appellant to deposit 25% of the tax in spite of the fact that appellant is incurring huge losses as is evident from the Balance Sheets and is not in a position to deposit the amount? ( ii) Whether on the facts and circumstances of the case, the Assessing Authority was justified in reversing Input Tax Credit on account of purchase tax under Section 19(4) of the Punjab VAT Act on closing stock of wheat and rice? ( iii)Whether on the facts and circumstances of the case, the Assessing Authority was justified in reversing Input Tax Credit on retention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posit 25% of the tax amount. The Tribunal dismissed the appeal vide order dated 17.8.2017, however granted another opportunity to the appellant to deposit 25% of demand of tax and interest within two months, failing which the order of the First Appellate Authority shall remain intact, hence the present appeal. Section 62(5) of the Act is quoted below: CHAPTER-XI APPEAL AND REVISION S.62. First appeal. xx xx xx ( 5) No appeal shall be entertained, unless such appeal is accompanied by satisfactory proof of the prior mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the first appellate authority is empowered to partially or completely waive the condition of pre-deposit contained therein in the given facts and circumstances. It is not to be exercised in a routine way or as a matter of course in view of the special nature of taxation and revenue laws. Only when a strong prima facie case is made out will the first appellate authority consider whether to grant interim protection/injunction or not. Partial or complete waiver will be granted only in deserving and appropriate cases where the first appellate authority is satisfied that the entire purpose of the appeal will be frustrated or rendered nugatory by allowing the condition of pre-deposit to continue as a condition precedent to the hearing o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the additional tax demanded. The condition is reasonable and justified. Learned counsel for the appellant has not been able to point out any perversity in the order of the Tribunal. No interference is called for in the impugned order. The appeals involve no question of law much less a substantial question of law. Accordingly, all the appeals are dismissed being without merit. The appeals have been filed along with applications under Section 5 of the Limitation Act, 1963 for condoning the delay in filing the appeals. As the appeals have been dismissed on merits, no further orders are required to be passed on the applications for condonation of delay. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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