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HC asks DGSC Ltd to pay 5 cr towards VAT
August, 07th 2013

The Punjab and Haryana High Court has asked the DGSC Ltd has been ordered to pay Rs 5 crore as VAT dues to the excise and taxation department, Gurgaon.

A double bench of Justice A K Mittal and Justice Jaspal Singh directed the petitioner, M/s DGSC Ltd, that Rs 5 crore from the account of M/s DGSC Ltd, formerly M/s Jay Pee DSC Ltd, from its Axis Bank account (Account No.056010200004053 of the petitioner), be remitted to the excise department and also the recovery of penalty shall remain stayed during the pendency of appeal. The court ordered that Rs 5 crores from the account of M/s DGSC Ltd. formerly known as M/s Jay Pee DSC Ltd, with Axis Bank, Sector 14, Gurgaon (Account No.056010200004053 of the petitioner) be remitted to the department and also the recovery of penalty shall remain stayed during the pendency of appeal.

The petitioner had approached the court, seeking quashing of the revenue order whereby bankers have been restrained from allowing withdrawal from the account. The company was assessed to VAT under the provision of Haryana Value Added Tax Act, 2003 (HVAT Act) for the assessment years 2003-04 to 2007-08.

The excise and taxation department had created an original demand of Rs 29.51 crore for various years on account of VAT and penalty levied under relevant sections of the Act. According to the department, a sum of Rs 10.35 crore out of the total had been recovered and Rs 19.16 crore is still outstanding. As per the affidavit filed by the excise and taxation department, it has been stated that an amount of Rs 5 crore be ordered to be released to the revenue department by draft. The petitioner's counsel submitted that the company does not dispute releasing of Rs 5 crore to the revenue department towards the tax liability and not on account of penalty.

The counsel stated that the amount of Rs 5 crore be adjusted towards the tax liability as may be determined on the final adjudication of the matter in appeals, which are pending before the appellate authority.

The court, while disposing of the petition, further directed that the recovery of penalty shall remain stayed during the pendency of appeal and it shall be open to the revenue department to recover the amount of substantive tax liability outstanding against the petitioner, in accordance with law.

The DGSC Ltd officials could not be contacted despite repeated attempts.

The petitioner company has been authorised by the National Highway Authority of India (NHAI) for conversion of the Delhi-Gurgaon into access controlled eight-lane highway with, service lanes along with certain section and strengthening of the existing lanes falling partly in Delhi and partly in Haryana, on the basis of agreement of Build Operate and Transfer.

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