TMI Blog2023 (11) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... validity of Ext. P6 conditional order - HELD THAT:- It is evident from a bare perusal of first proviso to sub-section (1A) of Section 60 of the KVAT Act that the pre-deposit amount, if any, already remitted under Section 55, (ie; at the time of filing of the first appeal), shall be adjusted towards the amount to be remitted under the sub-section. Since the petitioner had submitted that he had alr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, challenging Ext. P6 conditional order passed by the third respondent the Kerala Value Added Tax Appellate Tribunal, Additional Bench, Kozhikode directing the petitioner to deposit 10% of the balance tax demanded for the years, 2014-15 2015-16, and executing simple bond for the balance amount to the satisfaction of the assessing authority, within one month from the date of receip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the third respondent is onerous and the petitioner is financially incapacitated so as to comply with the same. 5. The petitioner has raised a further contention that as per sub-section(1A) of Section 60 of the Kerala Value Added Tax Act (for short 'the KVAT Act'), as inserted by Section 8(25)(b) of the Kerala Finance Act, 2023, a pre-deposit of an amount equal to 10% of the dispute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 8 of the Kerala Finance Act, 2023, sub-section(1A) was inserted under Section 60 of the KVAT Act, 2023, which reads as follows:- (1A) Where the appellant remits a pre-deposit amount of 10 per cent of the disputed amount of tax, subject to a maximum of Rs. 5 crores, the recovery proceedings for the balance amount shall be deemed to have stayed till the disposal of the appeal: Provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. Hence, we are of the considered opinion that the Original Petition (TAX) is to be allowed. 9. Accordingly, the O.P(TAX) is disposed of as follows:- The condition imposed by the third respondent in Ext. P6 to deposit 10% of the balance tax demand for both the years is set aside, if the petitioner had already remitted the amount under section 55 of the KVAT Act. The petitioner shall pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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