9911796707
TMI Blog2021 (10) TMI 806X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner prays for quashing and setting aside the order dated 11.02.2021 passed by the Gujarat Value Added Tax Tribunal ('the VAT Tribunal' hereinafter) in Second Appeal No.35 of 2020 in the following factual background: 1.1 The petitioner is a private limited company engaged in the business of trading in petrochemicals, which is registered under the VAT Act, 2003 as well as Central Sales Tax Act, 1956. The petitioner enters into the high seas sale agreement with buyers and pursuant to such agreements, the bills of lading are endorsed in favour of the buyers. Such transactions being sales by transfer of document of title to the goods before crossing of customs frontiers qualify as sales in the course of import under Section 5(2) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the VAT Tribunal for admission of Second Appeal and stay against the recovery of dues. Such verification had been directed by the Appellate Authority, which was refused on the ground that the assessment was concluded. 1.6 According to the petitioner, there is a recovery of Rs. 45,57,510/- and of Rs. 57,228/- on identical issue from the group of company of the petition namely M/s. Sanman Trade Impex Ltd. It is his grievance that 20% of the tax liability is demanded by way of the pre-deposit for admission of the appeal by the order dated 11.02.2021. For other assessment years, he has been able to duly furnish the evidences for the high seas sale transactions, which have also been accepted by the Assessing Officer. The petitioner, therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Our attention is drawn to the various documentary evidences which have been furnished on record and also the order which is impugned. 3. Learned advocate, Mr.Uchit Sheth has also relied on the decision of this Court rendered in case of GYSCOAL ALLOYS LTD. VS. STATE OF GUJARAT passed in SPECIAL CIVIL APPLICATION NO.14977 OF 2019 to urge that the amount of pre-deposit is to corelate with the amount of tax demand and not with the amount of turnover of the assessee. 4. Learned AGP, Mr.Soham Joshi has urged that in the matter of pre-deposit interference is not desirable. It is a discretion of the officer concerned. 5. Having heard the learned advocates on both the sides and also having noticed the material on the record, we could notice that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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