AIROLAM LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These Tax Appeals under Section 73 of the Value Added Tax Act, 2003 ['VAT Act' for short] are at the instance of appellant-M/s Airolam Ltd. and is directed against the common order dated 17th September 2019 passed by the Gujarat Value Added Tax Tribunal, Ahmedabad in Tax Appeal Nos.618 and 619 of 2019.

(2.) By order dated 24.10.2019, the appeals are admitted on the following substantial questions of law : "Whether the Gujarat Value Added Tax Tribunal was justified in holding that it cannot travel beyond the direction to pre-deposit 20% of the tax issued by the first appellate authority under sub-section (4) of section 73 of the Gujarat Value Added Tax Act, 2003 on the application made by the appellant for waiver of pre-deposit?"

(3.) The appellant is a dealer registered under the provisions of the Gujarat Sales Tax Act, 1969, Gujarat Value Added Tax Act and Central Sales Tax Act, 1956 (CST Act for short). The appellant is involved in the business of manufacturing of Laminate Sheet as well as reselling thereof. The Assessing Officer - State Tax Officer, Unit-29, Prantij passed assessment order for the year 2014-2015 under Section 34(2) of the VAT Act and under Section 9(2) of the CST Act on 31st March 2019. The Assessing Officer has raised demand of Rs.56,50,309/- under the VAT Act, which included tax of Rs.25,37,968, interest of Rs.18,39,753/-, and penalty of Rs.12,72,588/- and Rs.15,96,85,84/- under the CST Act which includes tax of Rs.71,53,604/-, interest of Rs.52,18,452/- and penalty of Rs.35,96,528/-.