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Court Exempts VAT Payments, Directs Deposit in FDR: Key Dates & Exceptions The Court allowed exemption subject to exceptions for an application, which was disposed of. The counsel for the respondent argued that the impugned order ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
The Court allowed exemption subject to exceptions for an application, which was disposed of. The counsel for the respondent argued that the impugned order was not appealable, leading to the Court issuing a notice returnable on 19.02.2019. Another application for impleadment was made, resulting in a notice returnable on the same date. The main issue revolved around an application for stay of the impugned order concerning VAT payments pre and post-GST regime. The Court directed the petitioner to deposit a specified amount with respondent authorities within three weeks, to be converted into an interest-bearing FDR. Further proceedings were scheduled for 19.02.2019.
Issues Involved: 1. Application for exemption 2. Appealability of the impugned order 3. Application for impleadment 4. Application for stay of the impugned order
Analysis: 1. The Court allowed exemption subject to exceptions for an application. The application was disposed of. 2. The counsel for the respondent stated that the impugned order was not appealable. The Court issued a notice returnable on 19.02.2019. 3. Another application for impleadment was made, and the Court issued a notice returnable on 19.02.2019 for this as well. 4. The main issue in this judgment was regarding an application for stay of the impugned order passed by the second respondent. The petitioner had paid VAT under the pre-GST regime and claimed input tax credit under the post-GST regime. The petitioner had paid a significant amount in cash and through input tax credit. The total amount collected from VAT/buyers under the GST regime was also highlighted. The petitioner had offered to pay a specific amount to resolve the issue with the customers. The Court directed the petitioner to deposit a certain amount with the respondent authorities within three weeks, which would be converted into an interest-bearing FDR for a specified period. This arrangement was deemed interim, and the Court emphasized that no firm and final view had been expressed. The respondents were given a timeline to file a reply, followed by a rejoinder if necessary. The case was listed for further proceedings on 19.02.2019.
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