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2002 (4) TMI 908

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..... tional demand of Rs. 7,04,243 was created. The petitioner filed an appeal. Along with the petition of appeal, an application for waiver of pre-deposit was made. The Tribunal after consideration of the matter found that the petitioner's gross turnover for the year 2000-2001 was Rs. 4.09 crores. It had a balance of Rs. 18 lacs in the current account. Thus, it was held that the petitioner was in a po .....

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..... ted an additional demand by passing an order under section 40(2) of the Act. 5.. Nothing has been produced on record to show that the finding of the Tribunal that the petitioner has Rs. 18 lacs in the current account is wrong. Equally, it has not been disputed that the petitioner's gross turnover was Rs. 4.09 crores for the year 2000-2001. 6.. Mr. Dogra submits that a perusal of the balance .....

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..... 60 days from the date of the order appealed against and the appellate authority is satisfied, that the amount of tax assessed and the penalty and interest, if any, recoverable from the person has been paid". The provision is comprehensive. It provides for the deposit in case of an appeal against any order. It does not exclude an order passed by the revisional authority in the exercise of suo motu .....

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