9911796707
TMI Blog2023 (2) TMI 547X X X X Extracts X X X X X X X X Extracts X X X X ..... SHPANDE, JJ. For the Petitioner : Mr Ashwin D. Bhobe, Advocate. For the Respondents : Mr Deep Shirodkar, Additional Government Advocate. ORAL JUDGMENT: (PER M.S. SONAK, J.) 1. Heard Mr Ashwin D. Bhobe for the Petitioner and Mr Deep Shirodkar learned Additional Government Advocate for the Respondents. 2. Rule. The Rule is made returnable immediately at the request and with the consent of the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal under sub-section (2) shall be entertained by the Appellate Authority, unless such appeal is accompanied by a satisfactory proof of the payment of whole of the undisputed amount of tax, interest and penalty and ten percent of the disputed amount of tax, interest and penalty, that may be due; (4A) The provisions of sub-section (4) shall be applicable also to any appeal pending before the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section (2)", the expression "this section" was substituted. As a result of this amendment, which was given a retrospective effect, the provisions substituted by the Ninth Amendment became applicable to all appeals instituted under Section 35 of the principal Act. 8. Relying upon the Ninth and Tenth Amendment Acts referred to above, the impugned orders have been made declaring the Petitioner' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are somewhat peculiar because the appeals, as instituted originally, complied with all the conditions prescribed under the principal Act. Even after the Ninth Amendment to the principal Act, the appeals were duly compliant. Only after the Tenth Amendment was a requirement for a deposit of ten per cent of this amount because such a requirement was made applicable even to pending appeals. 11. Consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Authority. Accordingly, the Assistant Commissioner/Appellate Authority must now dispose of the two appeals on merits and in accordance with the law. 13. The Petitioner is to appear before the Assistant Commissioner/Appellate Authority on 27.02.2023 at 11:00 a.m. and file an authenticated copy of this order. 14. The Rule is made absolute in the above terms without any order for costs. A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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