TMI Blog2016 (1) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer is correct or not will have to be decided by the 1st Appellate Authority at the hearing of the Appeal. The Appellant will get opportunity to place relevant facts, figures and materials before the Authority at that time. However, there can not be and in the peculiar facts and circumstances an unconditional stay of recovery of taxes. That is how the rights and equities have been balanced by the Tribunal. - Decided against assessee. - MVA Tax Appeal No. 18 of 2015 - - - Dated:- 15-9-2015 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. For the Petitioner : Mr Ram Upadhyay i/b M/s Law Competere Consultus For the Respondent : Mr J S Saluja, AGP ORDER P. C. Heard Mr Upadhyay, learned counsel appearing on behalf of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... %. This assessment by the Assessing Officer resulted in levy of higher tax, penalty and interest. That is why the Appeal was filed and the 1st Appellate Court, without adverting to the requisite materials, imposed the condition of pre-deposit. That condition is that the Appellant should pay a sum of ₹ 25,46,131/- and that is because it is assumed that the Assessing Officer's order is correct and legal. 4. The Tribunal should have looked into all these factors, the hardship and thereafter pass an order imposing reasonable condition. The Tribunal has brought down the sum only to ₹ 22,00,000/-. It is not possible for the Appellant to meet such a condition. 5. Mr Upadhyay places reliance upon two judgments of the Hon'b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t prima facie the Appellant has not disclosed the imports in his returns and that these goods are sold locally as scrap. The VAT on the same is not disclosed nor paid. That is why the quantification can only be determined after verification of books. Therefore, he directed payment of ₹ 25,46,131/- as a precondition for deciding the Appeal on merits. 7. Against such an order, the Appellant - Applicant approached the Tribunal. The Tribunal heard the Appellant extensively, considered the relevant factors and in paragraph 6 found that the Appellant should be directed to pay the amount of tax and interest but it has computed and brought down the amount of ₹ 25,46,131/- to ₹ 22,00,000/-. 8. We do not find that the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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