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M/s MAA BHAWANI DEVELOPERS AND PROMOTERS THROUGH ITS DIRECTOR SHANKAR MANCHANI SHATABDIPURAM MR 4 VIVEKANAND WARD, Jabalpur, MADHYA PRADESH Versus THE STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECRETARY COMMERCIAL TAX DEPAT VALLABH BHAWAN BHOPAL, Bhopal, MADHYA PRADESH, COMMISSIONER, COMMERCIAL TAXES DEPARTMENT MADHYA PRADESH, ASSISTNAT COMMISSIONER OF COMMERCIAL TAX CONSTRUCTION CIRCLE COMMERCIAL TAX DEPARTMENT, COLLECTORATE ROAD, AND APPELLATE AUTHORITY DY. COMMISSIONER, COMMERCIAL TAX DEPARTMENT, COLLECTORATE ROAD, MADHYA PRADESH

2015 (11) TMI 1606 - MADHYA PRADESH HIGH COURT

Pre-deposit - relief sought by way of waiver of pre-deposit - Held that: - It is clear from the documents and balance-sheet available on record that the financial condition of the petitioner is precarious and the petitioner, as indicated herein above, does not have the financial capacity to deposit 10% of ₹ 15,01,747/-, i.e. the penalty amount. That being so and considering the financial condition of the petitioner, as indicated herein above, interest of justice requires that an opportunit .....

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ority is directed to proceed and decide the appeal in accordance to law without insisting upon deposit of 10% of the penalty amount. Till the appeal is not decided, no coercive steps for recovery of penalty amount shall be initiated by the authority. With the aforesaid, the writ petition stands disposed of. - WRIT PETITION No.19477/2015 - Dated:- 26-11-2015 - SHRI JUSTICE RAJENDRA MENON, HON'BLE SHRI JUSTICE KESHAV KUMAR TRIVEDI, JJ. Shri A.P. Shrivastava and Shri Sapan Usrethe, learned Coun .....

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aforesaid prayer made and grant liberty to the petitioner to only canvas in this petition relief No.7.5 and grant liberty to the petitioner to ventilate its grievance for other reliefs before the appellate authority. Relief No.7.5 is quoted below : 7.5. The petitioner may be exempted from payment of ₹ 14,22,648 under M.P. VAT Act and ₹ 79,099 under entry tax (total ₹ 15,01,747) being 10% of the penalty, as penalty has been levied arbitrarily on the basis of high pitched assessm .....

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nexure P-5 and P-6, that the establishment of the petitioner is closed. It is not carrying out any business and the only bank balance of the petitioner as on 22nd October, 2015 was ₹ 83.05 and cash in hand was about ₹ 31,046/-. It is indicated that in the light of the aforesaid financial position of the petitioner, it is very difficult for it to deposit 10% of the penalty, which is ₹ 15,01,747/-. Shri A.P. Shrivastava, learned Counsel for the petitioner, also indicated to us th .....

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