2019 (5) TMI 362

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....018 has been filed by the appellant under Section 68 of the Punjab Value Added Tax Act, 2005 (in short "the Act") against the order dated 17.8.2017 (Annexure A-5) passed by the Value Added Tax Tribunal, Punjab, Chandigarh (hereinafter referred to as "the Tribunal") in Appeal No.139 of 2017, for the assessment year 2007-08, claiming the following substantial questions of law:- (i) Whether on the facts and circumstances of the case, Ld. Tribunal was justified in directing the appellant to deposit 25% of the tax inspite of the fact that appellant is incurring huge losses as is evident from the Balance Sheets and is not in a position to deposit the amount? (ii) Whether on the facts and circumstances of the case, the Assessing Authority wa....

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....y the rice miller and retained by it. Feeling aggrieved by the order, Annexure A-2, the appellant filed an appeal before the Deputy Excise and Taxation Commissioner (Appeals) [hereinafter referred to as 'the first Appellate Authority']. The appellant also filed an application for waiver of pre-deposit as required under Section 62(5) of the Act. The first Appellate Authority vide order dated 29.6.2016 (Annexure A-3) dismissed the said appeal as well as application for non-compliance of provisions of Section 62(5) of the Act as the appellant had failed to deposit 25% of the additional demand. Still dissatisfied, the appellant filed an appeal (Annexure A-4) before the Tribunal on 7.4.2017. The Tribunal vide order dated 17.8.2017 (Annex....