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Gujarat VAT - Execution of Works Contract

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2016-VIL-345-GUJ

PHOTON ENERGY SYSTEMS LIMITED Vs STATE OF GUJARAT

Gujarat Value Added Tax Act – execution of Works Contract - provisional attachment order and denial of input tax credit – non-filing of return by purchasing dealer - rejection of appeal of the appellant by the Tribunal solely on the ground of non-fulfilment of pre-deposit condition

HELD - That the learned Tribunal while passing impugned order has required the appellant to deposit a sum of Rs. 1.02 crores. The appellant had first approached the Appellate Authority who had also dismissed the appeal on pre-deposit and not on merits. Considering such facts and other relevant aspects of the matter, the pre-deposit requirement is excessive as the appellant has already deposited Rs. Twenty Five lacs - The appellant is directed to deposit an amount of Rs. 50 lacs with the department - the Deputy Commissioner, Commercial Tax is directed to hear and dispose of the appeal of the appellant on its own merits – appeal disposed

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