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    <title>2016 (11) TMI 1075 - MADHYA PRADESH HIGH COURT</title>
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    <description>Mechanical dismissal of VAT appeals for non-deposit of the pre-deposit amount was held improper where the record indicated financial distress, sickness of the business and inability to comply. The Court noted that a statutory right of appeal should not be defeated in every case by insisting on pre-deposit, and that the appellate authority must consider waiver on facts and, where justified, decide the appeal on merits rather than reject it in limine. The pre-deposit requirement was waived, the dismissal orders were quashed, and the appeals were restored for fresh decision on merits.</description>
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    <pubDate>Tue, 02 Aug 2016 00:00:00 +0530</pubDate>
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      <title>2016 (11) TMI 1075 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=335057</link>
      <description>Mechanical dismissal of VAT appeals for non-deposit of the pre-deposit amount was held improper where the record indicated financial distress, sickness of the business and inability to comply. The Court noted that a statutory right of appeal should not be defeated in every case by insisting on pre-deposit, and that the appellate authority must consider waiver on facts and, where justified, decide the appeal on merits rather than reject it in limine. The pre-deposit requirement was waived, the dismissal orders were quashed, and the appeals were restored for fresh decision on merits.</description>
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      <pubDate>Tue, 02 Aug 2016 00:00:00 +0530</pubDate>
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