9911796707
TMI Blog2014 (1) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... 's application seeking dispensation of requirement of pre-deposit in filing appeal under Section 57 of U.P.Value Added Tax Act, 2008 (hereinafter referred to as "Act, 2008") read with Section 9(2) and 32 of Central Sales Tax Act, 1956 (hereinafter referred to as "Act, 1956"). 3. The dispute relates to assessment year 2010-11 under Act, 1956. The petitioner is registered under U.P.Trade Tax Act now Act, 2008 and Act, 1956 and engaged in manufacture and sale of Tor Steel, TMT Wire rods/iron, MS Ingots, Cutting and Miscroll. It has a branch at Delhi also and sell its products within the State of U.P. and also makes stock transfer of goods to its branch at New Delhi. It is said that petitioner also makes stock transfer of its goods to various ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct assessee to deposit any part of disputed tax under appeal unless it apply its mind to the ground taken by assessee and finds that such deposit is necessary. 7. Section 57(9), second proviso, of Act, 2008 says that no application for stay of recovery of any disputed amount of tax, fee or penalty shall be entertained unless applicant has furnished satisfactory proof of payment of not less than one-third of disputed amount in addition to the amount required to be deposited under sub-section (3) of Section 55. But clause (b) thereof provides that Tribunal may, for special and adequate reasons, to be recorded in writing, waive or relax requirement of clause (a) regarding payment of one-third of such disputed amount. 8. Thus the first condit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o Tribunal is required to record special and adequate reasons since it amounts to partial waiver or relaxation of requirement of clause (a) but statute does not authorise Tribunal that even before considering application of appellant- assessee, for exercise of power of waiver or relaxation, it would require assessee to deposit some amount. This part of the order of Tribunal has resulted in doing something which is not provided in the statute. In my view, to this extent the impugned order need be modified. The Tribunal must pass final order on the stay application of petitioner considering whether appellant is entitled for any waiver or relaxation under second proviso to Section 57(9) of Act, 2008 with regard to compliance of requirement of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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