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2016 (1) TMI 379 - HC - VAT and Sales TaxWaiver of pre deposit - Reduction of the amount of bank guarantee requirement to 20% of tax demand - Held that:- As can be seen from the impugned order passed by the Tribunal, the learned Government Representative has not objected to the request made by the learned counsel for the respondent for directing the first appellate authority to decide the appeal in view of the deposit of 5% of the tax demand and furnishing of bank guarantee for 20% of the tax demand. Therefore, the Tribunal does not appear to have assigned any reasons for reducing the amount of pre-deposit. As regards the contention that the Tribunal has not examined the facts of the case from the aspect of financial hardship, as rightly pointed out by the learned counsel for the respondent, subsection (3) of section 73 of the Act does not contemplate financial hardship as one of the factors to be taken into consideration for the purpose of waiver of pre-deposit - it is not possible to state that the impugned order passed by the Tribunal suffers from any legal infirmity giving rise to any question of law, much less, a substantial question of law as proposed or otherwise. - Decided against Revenue.
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