High Court Punjab-Haryana High Court

State Of Punjab And Another vs M/S Novelty Associates Pvt. … on 24 May, 2011

Punjab-Haryana High Court
State Of Punjab And Another vs M/S Novelty Associates Pvt. … on 24 May, 2011
VAT Appeal No.40 of 2011                                                  1


IN THE HIGH          COURT      OF    PUNJAB      AND    HARYANA          AT
CHANDIGARH


                                      VAT Appeal No.40 of 2011
                                      Date of decision: 19.5.2011


State of Punjab and another
                                                         ... Appellants

            Versus


M/s Novelty Associates Pvt. Limited

                                                         ...Respondent

CORAM: HON’BLE MR.JUSTICE ADARSH KUMAR GOEL
ACTING CHIEF JUSTICE

HON’BLE MR.JUSTICE AJAY KUMAR MITTAL

Present: Mr. Jaswinder Singh, DAG, Punjab for the appellants.

Adarsh Kumar Goel, ACJ.

1. This appeal has been preferred by the State under section 68(2)

of the Punjab Value Added Tax Act, 2005 (‘the Act’) for setting aside order

dated 29.10.2010 passed by Value Added Tax Tribunal, Punjab in Appeal

No.306 of 2010, claiming following substantial questions of law:-

“i) Under the facts and circumstances of the case,
whether the impugned order of the learned VAT
Tribunal is sustainable so as to allow the respondents to
maintain their appeal without paying the balance amount
of the pre-deposit so as to complete the 25% of the
amount of tax and penalty impugned as additional
demand raised against them in the appeal?

ii) Under the facts and circumstances of the case,
VAT Appeal No.40 of 2011 2

whether the undisputed amount of tax already deposited
alongwith the return could be considered so as to
calculate the 25% of the pre-deposit of the impugned
demand against which the appeal under section 62(5) of
the Punjab VAT Act, 2005 was being filed?

iii) Under the facts and circumstances of the case,
whether the appeal of the respondents under section 62
(1) of the Punjab VAT Act, 2005 before the Deputy
Excise and Taxation Commissioner (Appeals), Jalandhar
Division, Jalandhar was maintainable without payment
of any amount as the pre-deposit beyond the amount of
Rs.31,35,240/- (Rupees thirty one lacs, thirty five
thousand, two hundred and forty only) as already
deposited by them?”

2. The assessee has preferred an appeal which is pending before

the Tribunal. The Tribunal observed that the deposit already made by the

assessee being more than 25% of the total demand raised, the appeal was

liable to be considered on merits as bar under section 62(5) of theAct did

not apply.

3. Only ground which has been raised on behalf of the appellants

is that the deposit was made before the demand was raised and thus, the

appeal could not be heard on merits.

4. There is no merit in the submission. There is no requirement

under section 62(5) to deposit 25% after the demand was raised. The deposit

already made can certainly be taken into account as held by the Tribunal

following order of this Court in M/s Ahluwalia Contracts (1) Limited v.

State of Punjab, CWP No.18650 of 2009 decided on 29.7.2010.

5. Learned counsel for the appellants does not dispute

applicability of judgment of this Court in M/s Ahluwalia Contracts.
VAT Appeal No.40 of 2011 3

6. Thus, no substantial question of law arises.

The appeal is dismissed.


                                            (Adarsh Kumar Goel)
                                            Acting Chief Justice



May 19, 2011                                (Ajay Kumar Mittal)
'gs'                                             Judge
 VAT Appeal No.40 of 2011   4