Case Law Details
Sunyana Sales Corporation Vs State of Punjab (Punjab VAT Tribunal)
The Hon’ble Punjab VAT Tribunal allows adjustment of pre-deposit u/s 62(5) of PVAT Act 2005 from refund amount applied of subsequent periods. It has been laid down that despite judgement of Hon’ble Supreme Court in Tecnimont case (which lays down that no waiver in respect of pre deposit can be given by appellate authorities), still statutory adjustments of ITC/refund are still available wrt pre-deposit.
FULL TEXT OF THE HIGH COURT ORDER/JUDGEMENT
Vide order dated 14.09.2021 Mr. A.S. Nanda ETO Jalandhar has sought time to submit a report if the amount of refund allowed for the assessment year 2012-13 could be permitted to adjustment towards pre deposit of 25% in accordance with law. No report has been submitted. The appeal u/s 62(1) of the PVAT Act has been dismissed on account of appellant having failed to make a pre deposit of 25% of the additional demand of Rs. 425690/- for the assessment year 2012-13. Vide order dated 14.09.2021 a report was sought from the ETO, Jalandhar whether the, amount of ITC allowed vide order dated 20.11.2019 could be adjusted against the amount of pre deposit required to be made u/s 62(5) of the PVAT Act, 2005.
It has been informed by State Counsel on the instructions of concerned ETO that the appellant had filed an application u/s 39 for refund/adjustment of ITC available against the amount of pre deposit u/s 62(5), the application has not been finally decided.
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