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december 2021

Supreme Court of India · 2021-12-03

VVF (INDIA) LIMITED vs THE STATE OF MAHARASHTRA

Citation / case number
SC 2019/42744
Court
Supreme Court of India
Petitioner
VVF (INDIA) LIMITED
Respondent
THE STATE OF MAHARASHTRA
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed whether amounts deposited under protest prior to an assessment order can be used to satisfy the mandatory pre-deposit requirement for filing an appeal under Section 26(6A) of the Maharashtra Value Added Tax Act. The court held that such amounts can indeed be adjusted against the pre-deposit, thereby allowing the appellant to proceed with the appeal without needing to make an additional deposit. This decision clarifies the interpretation of the MVAT Act regarding pre-deposit requirements in tax disputes.

VVF (INDIA) LIMITED vs THE STATE OF MAHARASHTRA · Niyam