Case Law Details
M/s Tecnimont Pvt. Ltd. Vs State of Punjab & Others (Supreme Court)
In this case Supreme Court reversed the decision of Punjab and Haryana High Court in the case of PSPCL ltd Vs state of Punjab wherein the HC had held that appellate authority can in appropriate cases reduce or waive 25% of pre-deposit u/s 62(5) of Punjab VAT Act, now after the decision of SC it is mandatory to deposit 25% of additional demand u/s 62(5) of Punjab VAT act before an appeal be heard on merits. It held that Any such exercise would make the provision itself unworkable and render the statutory intendment nugatory. Supreme Court observed that the Appellate Authority cannot override statutory requirement of pre-deposit when the statute mandates that no appeal can be entertained unless such requirement is satisfied.
FULL TEXT OF THE SUPREME COURT JUDGEMENT
1. Special leave to appeal granted.
2. These appeals challenge the judgment and order dated 23.12.2015 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No.26920 of 2013 and all connected matters; and raise questions about the validity of Section 62(5) of the Punjab Value Added Tax Act, 2005 (hereinafter referred to as “the PVAT Act”).
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