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VAT - Highlights / Catch Notes

Home Highlights June 2016 Year 2016 This

Waiver of pre-deposit - GVAT - pendency of BIFR proceedings - if ...

VAT and Sales Tax

June 18, 2016

Waiver of pre-deposit - GVAT - pendency of BIFR proceedings - if any proceedings are pending before the BIFR or the appellate authority, that by itself not mean that the predeposit requirement under subsection (4) of section 73 of the VAT Act would be obliterated - HC

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  1. Waiver of pre deposit - it may not be appropriate to grant stay on the ground that the matter is before BIFR. - AT

  2. Non production of C-Forms before AO but produced before appellate authority during PH - appellate authority directed to examine whether the C-Forms before making an...

  3. Power to waiver of mandatory pre-deposit - Section 129E does not empower the Tribunal or the Commissioner (Appeals) to waive the pre-deposit or to reduce the pre-deposit.

  4. Waiver of tax imposed for entertaining the appeal - non-production of proof of payment of pre-deposit - as per the provision of Section 73(4) of the GVAT Act no appeal...

  5. Refund of Pre-deposit alongwith interest - Adjustment of pre-deposit with pending demand - A pre-deposit would become refundable the moment an Appellate Authority comes...

  6. Framing of an assessment during pendency of CIRP - Pendency of CIRP confers no impediment in framing the assessment. But no recovery proceedings can be initiated for...

  7. Waiver of pre-deposit - Scope of term 'undue hardship' - - AT

  8. Whether BIFR ceased to have jurisdiction over the company and that all the proceedings in the BIFR after filing of the positive balance-sheet - Held No - BIFR to examine...

  9. Waiver of pre-deposit - dismissing the appeal for non-compliance of the deposit order - Unless Section 129E is complied with, the Appellate Authority cannot proceed to...

  10. Non-Compliance of Pre-deposit - time limitation - Appellate Authority could not have dismissed the appeal on the ground that the prescribed mandatory appeal was made...

 

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