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2014 (9) TMI 177 - HC - VAT and Sales TaxWaiver of pre deposit - Whether Appellate Tribunal Value Added Tax was justified and correct in directing the appellant-assessee to deposit 10% of the penalty amount as a pre-condition for hearing the appeal - Held that:- The total amount of tax and interest due, which already stands adjusted, is to the tune of ₹ 10,73,202/-. The total amount of penalty imposed is ₹ 7,99,340/-, out of which ₹ 4,68,096/- is already available with the Revenue as due and refundable. Revenue is not required to refund the said amount and is entitled to make adjustment. We feel in the facts of the present case that the appellant-assessee has made substantial deposits and there are legal issues and contentions, which require detailed adjudication and decision. Question of penalty itself would be a matter of debate in view of legal submissions. Judgment of the Supreme Court in Andhra Agencies (2008 (11) TMI 379 - SUPREME COURT OF INDIA) is relied upon by the appellant-assessee. Further, in terms of the certificate issued by M/s Hindustan Petroleum Corporation Limited, they have paid full tax without taking any adjustment in respect of incentives and discounts - stay granted.
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