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    <title>2016 (6) TMI 656 - GUJARAT HIGH COURT</title>
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    <description>Pendency of proceedings before the BIFR or appellate authority under the Sick Industrial Companies (Special Provisions) Act, 1985 does not automatically suspend the pre-deposit requirement attached to maintainability of an appeal under section 73(4) of the Gujarat Value Added Tax Act, 2003, because that condition is not itself a recovery, execution, or distress proceeding within section 22(1). The High Court also held that while some pre-deposit was justified given the assessee&#039;s earlier non-appearance, the Tribunal&#039;s insistence on 25% of the tax demand was too onerous in the circumstances. The pre-deposit condition was therefore upheld in principle but reduced, and the appeals were to be revived and decided on merits after compliance.</description>
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    <pubDate>Mon, 06 Jun 2016 00:00:00 +0530</pubDate>
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      <title>2016 (6) TMI 656 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=328947</link>
      <description>Pendency of proceedings before the BIFR or appellate authority under the Sick Industrial Companies (Special Provisions) Act, 1985 does not automatically suspend the pre-deposit requirement attached to maintainability of an appeal under section 73(4) of the Gujarat Value Added Tax Act, 2003, because that condition is not itself a recovery, execution, or distress proceeding within section 22(1). The High Court also held that while some pre-deposit was justified given the assessee&#039;s earlier non-appearance, the Tribunal&#039;s insistence on 25% of the tax demand was too onerous in the circumstances. The pre-deposit condition was therefore upheld in principle but reduced, and the appeals were to be revived and decided on merits after compliance.</description>
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      <pubDate>Mon, 06 Jun 2016 00:00:00 +0530</pubDate>
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