9911796707
TMI Blog2023 (2) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... 93 of 2021. 2. The petitioner is a registered dealer under the Gujarat Value Added Tax Act, 2003 ('the VAT Act' hereinafter) and Central Sales Tax Act, 1956 ('the CST Act' hereinafter). The petitioner is engaged in the business of reselling motor cycles, scooter and their parts as well as having the service station of the two wheelers. The present petition concerns the Assessment year 2016-17. The purchases and the sales made by the petitioner were admitted in returns filed under the VAT Act and the CST Act. 2.1 The Assessment Order passed by the Assistant Commissioner of State Tax, Godhara, Unit:-46, Panchmahal on 31.03.2021 for the Financial Year 2016-17. 2.2 The Assessing Authority issued notice for Assessment under section 34(2) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2.6 The VAT Tribunal passed an order on 17.01.2022 and directed the full amount of tax of Rs.3 Crore as a condition of pre-deposit to be payable within a period of one month on or before 28.02.2022. 2.7 The grievance on the part of the petitioner is that the VAT Tribunal decided the entire Second Appeal at the predeposit stage of hearing. It adjudicated and decided that the petitioner had collected tax and not paid the Government Authority. The assessment by the Assessing Officer has been done on the basis of assumption and presumption. The First Appellate Authority also had vacated interim protection despite having complied with the order of pre-deposit. The respondent authorities denied access to the remedies provided by law and have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also has come on the record which shows the valuation of the properties as under:- REPORT OF VALUATION OF IMMOVABLE PROPERTY Land Value = Rs. 11,55,29,000/- Construction & Interior Value = Rs. 48,00,00,000/- Amenity Value = Rs. 2,00,00,000/- Total Value = Rs. 61,55,29,000/- 6. It is quite clear from the valuation report of the property of the petitioner being a commercial complex with land and super built up area on Survey No. 38/1 Paiki 1 and 38/1 Paiki 4, Godhara District Panchmahal at the total value of Rs.61,55,29,000/-. The Property under Valuation is under Lien of Bank of Baroda, Godhara Branch as per the Valuation Report Part-II. The current outstanding dues as per the said report to be repaid to the Bank on 15.06.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of tax in respect of which the appeal is preferred. The proviso authorizes the Appellate Authority to entertain appeal against such order without payment of tax with penalty or of penalty or on proof of payment of such smaller sum as may be considered reasonable or on Appellate furnishing in the prescribed manner the security for which the amount which the Appellate Authority may direct. The First Appellate Authority having quantified the amount of pre-deposit as Rs.60,64,430/-. The subsequent demand raised by the Tribunal to the tune of Rs.3 Crore. 9. Here, as can be noticed from the order of the First Appellate Authority it has while quantifying the amount of Rs. 60,64,430/- already given the reasoning for such an amount to be pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he earliest. The dues of the Bank since have now been reduced to Rs.42,16,294/-. There is nothing to prevent the State to create a charge on the property by sending a request to the Office of Sub-Registrar for the same purpose. 12. Resultantly, these petitions are allowed quashing and setting aside the order dated 17.01.2022 of the VAT Tribunal. As rightly held by the Tribunal the asset value of approximately Rs.61 Crore is attached by the department and the payment of Rs.60,64,430 /- at the stage of First Appellate Authority is already deposited. No further predeposit would be necessary to be imposed. 13. The Tribunal observed that the petitioner had sold the motorcycles of approximately Rs.61.70 Crore in the financial year 2016-17 again ..... X X X X Extracts X X X X X X X X Extracts X X X X
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