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Punjab & Haryana High Court also stays section 62(5) of Punjab VAT Act, 2005

AMIT BAJAJ ADVOCATE
Section 62(5) of Punjab VAT Act Stayed by High Court; Pre-deposit Requirement Halted for Appeals The Punjab and Haryana High Court has stayed the implementation of Section 62(5) of the Punjab VAT Act, 2005, which mandates a pre-deposit of 25% of additional demand before an appeal can be entertained. This decision follows a similar stay by the Supreme Court in a related case. The High Court's order was issued in a case involving a trading company against the State of Punjab, with the court granting an interim order in line with the Supreme Court's earlier ruling. The matter is adjourned for further proceedings. (AI Summary)

Recently Supreme Court in Amrit Banaspati Company Pvt Ltd vs State of Punjab WP(c) No. 69 of 2014 has stayed the implementaion and operation of section 62(5) of Punjab VAT Act, 2005 which provides for pre-deposit of 25 percent of additional demand before entertainment of any appeal.

Now following the above stay order of the Honble Supreme Court, Punjab and Haryana High Court in Gobind Trading Company vs State of Punjab CWP No. 2342 of 2014 has also stayed said section 62(5) of Punjab VAT Act, 2005 in the same terms as in the abovenoted case by Supreme Court.
 
 The operative part of order of Punjab & Haryana High Court in the abovenoted case is as follows:
 
'Learned counsel for the petitioner has relied upon order of the Honble Supreme Court dated 31.01.2014 passed in WP(C) No. 69 of 2014 whereby the Honble Apex Court has stayed operation and implementation of sub-section 5 of Section 62 of Punjab VAT Act, 2005.
 
Notice of motion to the respondents.
 
On our asking, Mr. Jagmohan Bansal, Additional Advocate General, Punjab accepts notice on behalf of respondents and prays for time to seek instructions.
 
Adjourned to 21.03.2014.
 
Interim order in the same terms as in the aforesaid petition.'
 
The said interim order of Punjab and Haryana High Court can be downloaded herebelow:  
 

INTERIM ORDER PUNJAB AND HARYANA HIGH COURT

Value Added Tax - VAT and CST
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