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2013 (12) TMI 331 - HC - VAT and Sales TaxWaiver of pre deposit of tax, interest and penalty - Set off of VAT paid on purchase of gold for subsequent yeras - Set off available when sales is less than 50% of the total receipts - Interpretation of Rule 53(6)(b) of the Maharashtra Value Added Tax Rules, 2005 - Held that:- The orders impugned in the petition viz. order dated 29 July 2013 of the Maharashtra Sales Tax Tribunal and order dated 3 September 2013 have been passed on application to stay the order of the Assessing Officer pending disposal of the appeal by the first appellate authority. Therefore the merits of the controversy and the interpretation of Rule 53(6)(b) of the Maharashtra Value Added Tax Rules 2005 would be gone into in depth by the Appellate Authority at the final hearing. However, as the issue involved is one of interpretation of law, no deposit of amounts attributable to penalty should be insisted upon for the purpose of stay - Order modified - Decided partly in favour of assessee.
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