Recently Supreme Court in Amrit Banaspati Company Pvt Ltd vs State of Punjab WP(c) No. 69 of 2014 has stayed the implementation and operation of section 62(5) of Punjab VAT Act, 2005 which provides for pre-deposit of 25% of additional demand before entertainment of any appeal.

Now following the above stay order of the Hon’ble Supreme Court, Punjab and Haryana High Court in Gobind Trading Company vs State of Punjab CWP No. 2342 of 2014 has also stayed said section 62(5) of Punjab VAT Act, 2005 in the same terms as in the abovenoted case by Supreme Court.
Full Text of the order of Punjab & Haryana High Court in the abovenoted case is as follows:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. 2342 of 2014

M/s. Gobind Trading Company Ludhiana

V/s.

State of Punjab and others

Present: Mr. Aman Bansal, Advocate for the petitioner.

***

Learned counsel for the petitioner has relied upon order of the Hon’ble Supreme Court dated 31.01.2014 passed in WP(C) No. 69 of 2014 whereby the Hon’ble Apex Court has stayed operation and implementation of sub-section 5 of Section 62 of Punjab VAT Act, 2005.

Notice of motion to the respondents.

On our asking, Mr. Jagmohan Bansal, Additional Advocate General, Punjab accepts notice on behalf of respondents and prays for time to seek instructions.

Adjourned to 2 1.03.2014.

Interim order in the same terms as in the aforesaid petition.

(AJAY KUMAR MITTAL)

JUDGE

(DAYA CHAUDHARY)

JUDGE

February 07, 2014

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(Author – Amit Bajaj Advocate, Bajaj & Bajaj Advocates, 128, Sangam complex, Milap chowk, Jalandhar City (Punjab), Email: amit@amitbajajadvocate.com, M +919815243335)

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