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Supreme Court of India 2019-07-10 partly_allowed

S.E. Graphites Private Limited vs State of Telangana & Ors

Bench: 2 — A.M. Khanwilkar

In Brief

This judgment addresses whether sales tax appeals can be rejected for failure to deposit specified tax amounts if the deposit is made before the appeal is first considered by the Appellate Authority. The Supreme Court held that the second proviso of Sections 19/31 requires proof of payment as a condition for admission, but this must be satisfied before the appeal's first hearing—not when filed. Deposits made before such hearing are valid. The judgment overrules the High Court's prior principle requiring deposit within the appeal filing period. It also addresses tax credit adjustment claims and directs appellate authorities to consider appeals within 30 days of filing to prevent abuse."

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Indirect Tax Law Sales Tax Value Added Tax Tax Procedure Appellate Jurisdiction Statutory Interpretation Condition Precedent

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