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2016 (10) TMI 288 - UTTARAKHAND HIGH COURT

2016 (10) TMI 288 - UTTARAKHAND HIGH COURT - TMI - Imposition of condition of deposit of 50% of the tax and grant of stay regarding the rest 50% - whether the amounts, which are allegedly shown separately in the invoice as transaction charges, are to be included in the turnover or not? - question of law framed by revisionist - Held that: - the revisionist, in regard to the interim order passed by the Tribunal refusing to interfere with the interim order of conditional stay granted by the First A .....

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First Appellate Authority, by which the latter Authority had imposed condition of deposit of 50% of the tax and granted stay regarding the rest 50%. 2. We heard Mr. S.K. Posti, learned counsel appearing for the revisionist and Mr. Hari Mohan Bhatia, learned Brief Holder appearing for the State. 3. The essential dispute, which is involved of course in the Appeal arising from the assessment order, is as to whether the amounts, which are allegedly shown separately in the invoice as transaction cha .....

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ity. The basis of the revisionist s case appears to be an interim order passed by this Court in a Revision challenging the final decision and, therefore, the learned counsel for the revisionist would submit that, as a matter of propriety, the Tribunal should have followed the same and granted stay of collection of 75% of the tax due, which was what was done in that case. The substantial questions of law, which are seen framed, are as follows: (A) Whether on the facts and circumstances of the cas .....

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