2018 (5) TMI 907

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....short, "the Tribunal") in Appeal No. 49 of 2017, for the assessment year 2008-09, claiming following substantial questions of law:- (i) "Whether on the facts and circumstances of the case, the Ld. Tribunal was justified in dismissing the appeal of the appellant for failure to make pre deposit of 25% of tax demand without taking into cognizance the factual financial position of the appellant's company ? (ii) Whether the Ld. Tribunal was justified in dismissing the appeal of the appellant by ignoring the real question involved in the present case i.e. whether the First Appellate Authority was justified in ordering 25% of tax as pre-deposit in the case of appellant, who was suffering from extreme financial difficulties and pr....

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....the business of procurement of food grains and is duly registered under the provisions of the PVAT Act and the Central Sales Tax Act, 1956 (in short, "the CST Act"). It regularly filed its returns and also discharged its tax liability thereon. Original assessment for the year 2008-09 in case of the appellant-assessee was framed under Section 29(2) of the PVAT Act by the Designated Officer, Hoshiarpur vide order dated 18.9.2012. The Assistant Excise and Taxation Commissioner, Hoshiarpur framed amendment in assessment under Section 29(7) of the PVAT Act vide order dated 29.7.2015, Annexure A.1 creating an additional demand of Rs. 70,79,176/- (Tax = Rs. 19,52,876/-, penalty under Section 53= Rs. 29,29,314/- and interest under Section 32(3) = R....