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2013 (3) TMI 385 - HC - VAT and Sales TaxPayment of VAT - tribunal has extended protection to 90% of the disputed amount of tax assessed and the assessee has been required to deposit 10% amount and to furnish security for 90% of it - assessee preferred revision application as in granting interim protection even to the extent of 90%, the tribunal has not considered the prima-facie merits of the case - Held that:- The assessee has strong prima-facie case in as much as the impugned assessment has been passed without adverting to the books of accounts and pointing out any discrepancy therein. As decided I. T. C. LTD. Versus COMMISSIONER (APPEALS), CUS. & C. EX., MEERUT-I [2003 (10) TMI 70 - HIGH COURT OF JUDICATURE AT ALLAHABAD] the stay should not be granted on mere asking of the party but on consideration of the prima-facie merits of the case. The tribunal has not dealt with the prima-facie merits of the case in deciding the stay application, thus its order is accordingly set aside and the matter is remitted to the tribunal for fresh consideration of the stay application of the assessee in accordance with law within a period of six weeks time. The notice dated 5.4.2013 requiring the assessee to deposit 10% of the disputed tax assessed by 8th March 2013, failing which the bank accounts of the assessee are threatened to be attached is to be set aside as some breathing time may be allowed for depositing the aforesaid 10% of the amount. Thus the assessee is permitted to deposit 10% of the amount demanded as per the order of the tribunal within a period of two weeks from today.
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