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2015 (2) TMI 188 - HC - VAT and Sales TaxWaiver of pre deposit - Levy of tax on bitumen imported - whether bitumen imported into local area for use in BOT (built, operate and transfer) project is taxable under the Maharashtra Tax on the Entry of Goods into Local Areas Act, 2002 - Held that:- Petitioners in the six petitions have already deposited an amount of ₹ 1.60 crores in the aggregate out of the total tax liability of ₹ 14.99 crores (excluding the penalty amount). We find that the Tribunal has while directing the petitioner to deposit 30 per cent of the amounts due has not excluded the penalty amount. In cases where the issue is debatable and warrants a stay, then in such cases normally the penalty amount should not be taken into account for the purposes of deciding the amounts to be deposited. In case while granting stay of the order appealed against the appellate authority is of the view that some amount of penalty should also be deposited, then the order directing deposit must indicate strong reasons prima facie warranting the deposit of penalty at the stage of stay application. Moreover in this case, the Tribunal has not considered the issue of financial hardship pleaded by the petitioner before directing a deposit of 30 per cent of the amount due for staying the order appealed against before the Tribunal. According to us, both these issues are germane to decide the quantum of deposit required to be made by the petitioner for grant of stay of the order impugned before the Tribunal. - Order of Tribunal set aside - Matter remanded back - Decided in favour of assesse.
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