Ajay Kumar Mittal, J. - (1.) This appeal has been filed by the dealer under Sec. 68 of the Punjab Value Added Tax Act, 2005 (in short "the Act") against the order dated 27.11.2015 (Annexure A -4) passed by the Punjab Value Added Tax Tribunal (hereinafter referred to as "the Tribunal") in Appeal No. 508 of 2013, claiming the following substantial question of law: - - "Whether on the facts and circumstances of the case, the impugned order passed by the Tribunal and 1st appellate authority deserves to be set aside in view of the subsequent judgment of this Hon'ble Court in the case of PSPCL v/s. State of Punjab -
(2.) A few facts relevant for the disposal of the present appeal as narrated therein may be noticed. The appellant is a dealer having TIN No. 03402021410 and is engaged in import and trading of ferrous and non -ferrous metals and metal scrap. It had filed its quarterly and annual returns for the assessment year 2006 -07 after claiming the Input Tax Credit (ITC). There was no additional tax liability on the appellant. The appellant paid the tax of Rs. 86.41 lacs for the sales made after taking an ITC of the value added tax paid on the purchases. A notice was issued to the appellant by the Designated Officer. Again a notice was issued to the appellant on 24.2.2011 objecting to the claim of ITC. The assessment was framed for the assessment year 2006 -07 vide order dated 5.5.2011 (Annexure A -1) by creating an additional demand of Rs. 10,69,23,103/ -. The said demand was raised on account of rejection of ITC on the purchases of Rs. 2,67,32,68,722/ -. As per Sec. 29(4) of the Act, the assessment for the year 2006 -07 could be framed on or before 20.11.2010. The assessing authority issued a show cause notice for levying penalty under Ss. 56 and 60 of the Act for charging interest under Sec. 32 of the Act. The appellant duly replied to the said show cause notice. Accordingly, respondent No. 2 vide order dated 6.9.2013 (Annexure A -2) imposed penalties amounting to Rs. 21,38,46,206/ - under Sec. 56 of the Act, Rs. 8,000/ - under Sec. 60 of the Act and charged interest to the tune of Rs. 36,14,007/ -. Feeling aggrieved, the appellant filed an appeal along with an application for waiver of pre -deposit under Sec. 62(5) of the Act before the Deputy Excise and Taxation Commissioner (Appeals), who vide order dated 24.10.2013 (Annexure A3) dismissed the appeal for non -deposit of 25% of the additional demand under Sec. 62(5) of the Act. Thereafter, the department filed a complaint in the office of Senior Superintendent of Police, Fatehgarh Sahib for registration of a case against the officials of the appellant. After investigation, the closure report dated 22.3.2015 (Annexure A -3/A) was filed. Against the order, Annexure A -3, the appellant filed an appeal before the Tribunal. The Tribunal vide order dated 27.11.2015 (Annexure A -4) upheld the order of the Deputy Excise and Taxation Commissioner (Appeals) and dismissed the appeal. Hence, the present appeal.
(3.) Notice of motion.;