2020 (6) TMI 551

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....9;). Further prayer is for direction to the Appellate Authority to hear the appeal without insisting for pre-deposit. The facts are that the assessment year involved is 2014-15. The petitioner was registered under the Act and was engaged in the manufacture of knitted cloth. An inspection was conducted on 24.8.2015 by the officers of Excise and Taxation Department. No account books were produced at the time of inspection, however, during the proceedings the account books were produced which were not found worth reliance. The Designated Officer framed best judgment assessment vide order dated 30.12.2015 and raised an additional demand of 1,14,64,680/-. An appeal was filed before the Appellate Authority, accompanied by an application for waiv....

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....re-deposit. The relevant portions of the judgment are reproduced below: "17. In the light of these principles, the High Court rightly held Section 62(5) of the PVAT Act to be legal and valid and the condition of 25% of pre-deposit not to be onerous, harsh, unreasonable and violative of Article 14 of the Constitution of India. Now we turn to question (c) as framed by the High Court and consider whether the conclusions drawn by the High Court while answering said question were correct or not. xx xx xx 24. If the inherent power the existence of which is specifically acknowledged by provisions such as Section 151 of the CPC and Section 482 of the Cr.P.C. is to be read with the limitation that exercise of such power cannot be undertaken for....

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.... argued that the Tribunal erred in dismissing the appeal. It is submitted that the petitioner is in financial crunch, its account has been declared as Non-Performing Asset by the bank and the hypothecated property was put to auction by the bank but could not be sold. The prayer is for setting aside the order of the Tribunal and for direction to the Appellate Authority to hear the appeal without pre-deposit. A feeble attempt was made to argue that the assessment order passed was without granting reasonable opportunity. It would be pertinent to note at this stage that neither there was any prayer against the assessment order nor the same has been annexed with the writ petition. The order passed by the Tribunal is in the light of the decisio....