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2014 (5) TMI 499 - HC - VAT and Sales TaxLiability of tax – Power to stay proceedings – consideration of merits of case and financial hardship of asseessee – Held that:- During the pendency of appeal, the Tribunal to look into the prima facie merit of the case as well as financial condition of the revisionist - the appellate authority is required to consider the relevant factor like financial hardship and other relevant facts because the condition of deposit will make the purpose of filing of appeal itself nugatory – Tribunal order dated 11.06.2013 modified to the extent that disputed tax raised by the Assessing Authority shall remain stayed till disposal of the first appeal - Order dated 11.6.2013 modified to the extent that 90% of the disputed tax shall remain stayed till disposal of the first appeal and the revisionist shall deposit 10% of the disputed tax – Decided in favour of Assessee.
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