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2008 (11) TMI 653 - HC - VAT and Sales TaxEntry Tax Act - whether is invalid, illegal and void being violative of articles 301 and 304 of the Constitution of India? - Held that:- In view of the settled decisions of this court in a case where prima facie there is clear evidence to establish that the disputed tax which is being charged being paid or is not payable, then the financial capacity of assessee is not the sole criteria for either accepting or rejecting the prayer made by the assessee for stay or waiver of pre-deposit. The appeals of the assessee itself for the months January to June 2008 may be decided expeditiously preferably within a period of two months from the date of production of a certified copy of this order. The appeal shall be presented within a week from today and the same may be decided in accordance with law. For a period of two months or till the decision is taken in the appeal, there will be stay of the balance 20 per cent of the predeposit provided the assessee deposits adequate security to the satisfaction of the assessing authority other than cash or bank guarantee.
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