2026 (6) TMI 522

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eals arise from a common order of the High Court dated 21.08.2022 passed in connected Writ Petition Nos. 12009 and 12015 of 2020. 4. The Assessing Authority disallowed the Input Tax Credit (for short, ITC) to the tune of Rs. 2,08,56,835/- claimed by the appellant for the tax period October 2005 to March 2007. Against which, an appeal was preferred, which was dismissed on 18.01.2008. 5. Aggrieved therewith, the appellant preferred appeal before Telangana VAT Appellate Tribunal which was allowed vide Order dated 18.02.2016 and the matter was remanded to the Assessing Authority to verify the claim of the appellant and pass a fresh assessment order. Thereafter, a fresh assessment order was passed on 03.09.2019 disallowing Input Tax Credit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tax demanded is Rs. 1,62,90,794, therefore Rs. 81,44,997 is more than 12.5% of the said amount. In other words, the case of the appellant is that the amount which is required to be deposited under the second proviso is 12.5% of the tax in dispute and since the amount deposited Rs. 81,44,997/- exceeds 12.5% of the tax in dispute, there was no necessity to make a further deposit under proviso (2) of Section 31(1) of the Act. 10. The learned counsel for the respondents does not dispute that the appellant had already deposited 50% of the difference of the tax assessed by the authority concerned. 11. We have accorded due consideration to the submissions. The second proviso to sub-section (1) of Section 31 of the Act reads thus: "P....