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2016 (1) TMI 47 - BOMBAY HIGH COURT

2016 (1) TMI 47 - BOMBAY HIGH COURT - TMI - Stay application - short payment of VAT - imported goods were held to be not accounted for - Held that:- We do not find that the Tribunal's order raises any substantial question of law. The discretion has been exercised reasonably and not arbitrarily or capriciously. The principles which are laid down in the decision of M/s Banara Valves Ltd. have been thus applied. If the order passed by the Tribunal is discretionary and it has adverted to necessary a .....

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s 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 the Appellant - Applicant and Mr Saluja, learned counsel appearing on behalf of the Respondent - State. This Appeal of the App .....

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that the Tribunal has not adverted to any of the relevant and necessary factors. The Appellant has pointed out that the order was passed by the Assessing Officer in the absence of the Appellant. Secondly, he has relied upon the material in his possession. The Appellant is a sole proprietary concern. He was in personal difficulty during March 2012 till June 2013 because his father was under hospitalization and eventually expired on 26th June 2013. He had entrusted the business affairs to his Man .....

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nd 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 possibl .....

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irly by considering the business and the nature of dealings. 6. The second judgment relied upon is in the case of M/s Benara Valves Ltd. and others, v/s Commissioner of Central Excise and another, in Civil Appeal Nos. 5166 and 5167 of 2006, decided on 23rd November 2006. Reliance is placed by Mr Upadhyay on paragraph 5 of this judgment of the Hon'ble Supreme Court. With the assistance of Mr Upadhyay, we have perused the memorandum of appeal and all annexures. We have found that the Assessing .....

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this Appeal. That is how he made the application and the 1st Appellate Authority passed an order holding that 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 App .....

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