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2016 (5) TMI 434 - HC - VAT and Sales TaxGrant of stay - condition to deposit 30% of the demand amount and furnishing of bank gurantee for the remaining amount - Appellant contended that once the concluded re-assessment was there, it could not be reopened merely because, subsequently, Supreme court has held that charger is not a part of mobile for the purpose of levying VAT. Also that even section 39(2) was not on the statue, which has been invoked since section 39, which is invoked has come into force in the year 2013, whereas reassessment is concluded in the year 2012. Held that:- it appears that the learned single Judge while granting the interim relief ought to have considered the aspects. We are conscious of the fact that in normal circumstance, there would not be any stay against the recovery of tax. But in the peculiar circumstances of this case where there was a concluded assessment is based on the subsequent of this case and the reopening of the assessment is based on the subsequent decision of the supreme court and the point as to jurisdiction under section 39 is under consideration, it would be just and proper to modify the interim order passed by the learned single judge and since the matter is pending before the learned single judge, the parties should be relegated to agitate the contentions before the learned single judge who is seized of the matter. Therefore, the interim order passed by the learned single judge shall stand modified to the effect that there shall be stay against recovery of the demanded amount on condition that the appellant furnishes bank guarantee equivalent to 30% of the demand on or before 06-06-2016 and further gives an undertaking also to be given before that date to this court through its managing director for the remaining 70% of the demanded amount declaring that, in the event the appellant fails in the petition and the demand is confirmed, ultimately, the amount equivalent to 70% with accrued interest shall be paid within a period of three months from the date of final order. - Appeal disposed of
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