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2020 (12) TMI 133 - HC - VAT and Sales TaxGrant of stay for full amount of tax - stay of demand was granted upto the extent of 90% of the tax - Enhancement of turnover - astronomical demand based on presumption without any material on record and arbitrary in nature - HELD THAT:- It is well settled that while deciding the waiver application, the authority concerned has to record a finding as to whether a prima facie case is made out or not and whether the deposit would entail undue financial hardship - It is also well settled that the phrase 'prima facie case' would include even an arguable case, I am unable to understand as to why and what circumstances did the Tribunal direct the deposit of 10% of the amount after having recorded that a prima facie case was made out and the deposit would cause financial hardship to the revisionist. In view of the fact that the revision is confined to the challenge of the order passed by the Tribunal, this Court in exercise of its revisional power cannot direct any refund of the amount, which according to the counsel for the revisionist, are illegally debited from the account of the revisionist. The revisionist, if so advised, may take appropriate proceedings for refund of the said amount. The question is decided in favour of the assessee and against the Department - Revision allowed.
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