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No amount to be paid for hearing if department already had sufficient security.
No amount to be paid for hearing if department already had sufficient security.
Assessing Authority passed assessment order on assessee & raised total demand of Rs. 35.97 crores upon it. Deputy Commissioner (Appeals) dismissed assessee's appeal against such demand stating that no hearing of appeal without any payment. HC held that clause (c) of proviso to section 73(4), appeal filed by assessee was required to be heard on merits without payment of any amount by way of pre deposit, as sufficient security was with department.-007543
1. Assessing Authority passed assessment order on assessee and raised total demand of Rs. 35.97 crores upon it.
2. Deputy Commissioner (Appeals) dismissed assessee's appeal against such demand stating that no hearing of appeal without any payment.
3. He directed assessee to pre deposit an amount of Rs. 7.23 crores as part payment for admission of appeal.
4. HELD- High Court said that record showed that properties of assessee worth more than Rs. 50 crores had been attached by department.
5. Thus, in light of clause (c) of proviso to section 73(4), appeal filed by assessee before Deputy Commissioner (Appeals) was required to be heard on merits without payment of any amount by way of pre deposit, as sufficient security was available with department by way of attachment of properties of assessee. [In favour of assessee]
Case Reference- Shivam Water Treaters (P.) Ltd. v. State of Gujarat
(HIGH COURT OF GUJARAT)
[2015] 58 taxmann.com 271 (Gujarat)
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