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Powertech Corporation Versus State of Gujarat

2017 (1) TMI 193 - GUJARAT HIGH COURT

Waiver of deposit, granting of stay on condition - seeking for unconditional grant of stay - Held that: - It is not in dispute that subsequently the order passed by the learned Tribunal in the case of M/s. Yantraman Automac Pvt. Ltd. vs. State of Guj .....

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before the learned Tribunal. Under the circumstances, the impugned order passed by the learned Tribunal directing the petitioner to deposit / make the payment of 15% of the demand and on such payment rest of the recovery order is to be stayed, cannot .....

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he Petitioner Ms Maithili Mehta, AGP for the Respondent JUDGMENT ( Per : Honourable Mr. Justice M. R. Shah ) [1.0] RULE. Ms. Maithili Mehta, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent - State. In .....

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he petitioner has prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 07.10.2016 passed by the learned Gujarat Value Added Tax Tribunal, Ahmedabad (hereinafter referred to as Tribunal ) in Revision Appl .....

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ion. [3.0] Heard Shri Sheth, learned advocate appearing on behalf of the petitioner and Ms. Maithili Mehta, learned Assistant Government Pleader appearing on behalf of the respondent. [3.1] At the outset it is required to be noted that feeling aggrie .....

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ed the aforesaid Revision Application before the learned Tribunal. In the said revision application, the petitioner submitted the application for stay. It was the case on behalf of the petitioner that as such the issue is already concluded by the dec .....

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ourt, the learned Tribunal directed the petitioner to deposit 15% of the tax demand and it is further directed that on such deposit / payment, there shall be stay against rest of the recovery. [3.2] It is not in dispute that subsequently the order pa .....

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