Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2014 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (7) TMI 743 - HC - VAT and Sales TaxWaiver of pre-deposit - Additional Commissioner has granted stay upto 60% of the disputed tax. The applicant not being satisfied with the said order of the Additional Commissioner (Appeals) preferred Second Appeal before the Commercial Tax Tribunal, Lucknow and the same was partly allowed thereby staying 80% of the disputed tax - Held that:- Court should not grant interim relief/stay of the recovery merely by asking of a party. - It has to maintain a balance between the rights of an individual and the State so far as the recovery of sovereign dues is concerned. While considering the application for stay/ waiver of a pre-deposit, as required under the law, the Court must apply its mind as to whether the appellant has a strong prima facie case on merit. In case, it is covered by the judgment of a Court/ Tribunal binding upon the Appellate Authority, it should apply its mind as to whether in view of the said judgment, the appellant is likely to succeed on merit, if an appellant have strong prima facie case, is asked to deposit the amount of assessment so made or penalty so levied, it would cause undue hardship to him, though there may be financial restrain on the appellant running in a good financial condition. Trade Tax Revision is being disposed of by modifying the impugned order dated 28.04.2014 to the extent that if the revisionist deposits 10% of the total demanded tax within a period of one month, the 90% of the demanded tax shall be kept in abeyance till disposal of the appeal. The revisionist is further directed to furnish security of the stayed amount within one month to the satisfaction of the Assessing Authority - Decided partly in favour of assessee.
|