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2015 (4) TMI 934 - ALLAHABAD HIGH COURTWaiver of pre deposit - It is contended by the petitioner that the Tribunal has ignored from consideration the strong prima facie case in favour of the petitioner - O.C. Stamps were not affixed on Form E - Held that:- petitioner has placed reliance on a Division Bench judgment of this Court reported in [2013 (6) TMI 28 - ALLAHABAD HIGH COURT] Mawana Sugars Ltd. Vs. Deputy Commissioner, Commercial Tax and others. It is further contended that the petitioner is in debt to the tune of ₹ 66,78,59,922/- having taken loan from the District Co-operative Bank Ltd., Lakhimpur Kheri. As such the financial condition of the petitioner is not such that it may be able to deposit any amount. It is contended that the relevant facts for consideration of the application for waiver having not been considered, the impugned order suffers from non application of mind. It is further contended that the petitioner Co-operative society is managed and controlled by the State of U.P. and being its instrumentality, the Tribunal ought not to have insisted on deposit of any amount as a condition precedent for consideration of stay application. - Impugned order dated 29.8.2014 passed by the Tribunal is quashed - Decided in favour of assessee.
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