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2013 (3) TMI 581 - GUJARAT HIGH COURTPre deposit - provisional assessment - waiver or reduction of pre-dopsit - Held that:- The Appellate Authority enjoys wide discretionary powers to waive either full or part of the pre-deposit requirement. The same can be done conditionally or unconditionally. In the present facts and circumstances of the case, a sum of ₹ 1.28 Crores as already recovered from the petitioners qua the demand arising out provisional assessment of ₹ 3 Crores, should be sufficient to meet with the pre-deposit requirement. No further pre-deposit should be insisted upon, particularly, as already noted, demand itself upon application of judgment of this Court and even as per the department's calculation, comes down to ₹ 2.40 Crores. Pre-deposit would thus be in excess of 50% of the total demand inclusive of interest and penalty. Rest of the steps for recovery taken in furtherance of the demand must be reversed. The attachment of the Bank account is set aside. The security on the stock obtained from the petitioners is lifted. A sum of ₹ 35.03 Lacs directly recovered from the bank account of the petitioners by the respondents shall be refunded. The Appellate Authority shall decide the appeal proceedings unmindful of the observations made in this order in accordance with law and preferably within four months from receipt of a copy of this order.
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