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TMI Blog2022 (7) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... dent Through: Mr Gautam Narayan, ASC with Ms Pragya Barsaiyan, Adv. for GNCTD. [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J (ORAL): 1. Issue notice. 1.1. Mr Gautam Narayan accepts notice on behalf of the respondent. 2. With the consent of the counsel for the parties, the appeal is taken up for hearing and final disposal, at this stage itself. 3. The appellant has appr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d M/s Ases Security (P) Ltd. vs. Commissioner of Trade Taxes, Delhi, dated 06.10.2021, rendered in Appeal No. 196/ ATVAT/2020-21. 6. Briefly, the issues involved are: Firstly, as to whether the Objection Hearing Authority (OHA) had the power, under Section 74 of the Act, to remand the matter to the Assessing Authority? Secondly, if such a power was vested in the OHA, whether the assessment, pursu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 34 of the Act would be applicable where remand is ordered by OHA. 8.1. However, at this juncture, we do not wish to give a definitive view in the matter, especially, given the circumstance, that the Tribunal, it appears, has taken a view in favour of the appellant, in the aforementioned decisions. 9. Insofar as the decision of this Court in M/S SREI Equipment Finance Ltd. is concerned, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration and cogitation. 11. Having regard to the overall circumstances, we are of the view that the interests of both sides would be served if the appeal is disposed of with the following directions: (i) The appellant will deposit 5% of the disputed demand. (ii) The appellant will deposit the aforementioned amount, within four weeks from the date of receipt of a copy of the judgement. (iii) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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