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2015 (1) TMI 222 - HC - VAT and Sales TaxRequirement to furnish security and 20% of amount as pre-deposit – Decision relied upon overruled by subsequent decision of SC - Held that:- On merely establishing a prima facie case, interim order of protection should not be passed - but if on a cursory glance it appears that the demand raised has no leg to stand, it would be undesirable to require the assessee to pay full or substantive part of the demand - Petitions for stay should not be disposed of in a routine manner unmindful of the consequences flowing from the order requiring the assessee to deposit full or part of the demand - there can be no rule of universal application in such matters and the order has to be passed keeping in view the factual scenario involved - Merely because the Court has indicated the principles that does not give a license to the forum/authority to pass an order which cannot be sustained on the touchstone of fairness, legality and public interest - where denial of interim relief may lead to public mischief, grave irreparable private injury or shake a citizens' faith in the impartiality of public administration, interim relief can be given - since the assessing authority has made the assessment relying exclusively on the earlier judgment of the Supreme Court in State of Andhra Pradesh Vs. M/S Kone Elevator [2005 (2) TMI 519 - SUPREME COURT OF INDIA] which has now been overruled by the Constitution Bench of the Supreme Court in Kone Elevator India Pvt. Ltd. Vs. State of Tamil Nadu [2014 (5) TMI 265 - SUPREME COURT], the revisionist is entitled to complete stay of the demand amount – thus, the order dated 28.7.2014 passed by the Tribunal is modified and a direction is issued to the Appellate Authority to decide the appeal of the revisionist expeditiously in accordance with law within a period of two months from the date of receipt of the certified copy of this order - Till then no recovery shall be made from the revisionist of the remaining amount of 20% of the tax for the AY 2010-11 – Decided in favour of revisionist assessee.
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