Court No. - 16
Case :- SALES/TRADE TAX REVISION No. - 112 of 2018 Applicant :- M/S Kesar Enterprises Ltd.
Opposite Party :- The Commissioner, Commercial Tax Counsel for Applicant :- Piyush Agrawal Counsel for Opposite Party :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Revisionist is aggrieved by the order of the Tribunal dated 20.3.2018, in so far as it directs the assessee to deposit 25% of the disputed amount of tax for the purposes of consideration of the first appeal, filed by the assessee. The first appellate authority, apparently had granted stay to the extent of 50% of the disputed tax amount which has been enhanced by the Tribunal to 75%. To the extent, interim relief has been denied to the revisionist, assessee is before this Court in the present revision.
Learned counsel submits that the assessee has already deposited admitted entry tax amount of Rs. 1,97,21,272/- and in respect of the balance disputed amount, the appeal is pending. It is stated that the Tribunal although has noticed the prima-facie case of the assessee and also the financial difficulties, faced by it, but there is no consideration of such plea. Without any discussion or findings, the Tribunal has directed deposit of Rs. 25% of the disputed tax amount.
Leaned Standing Counsel supports the order impugned for the reasons recorded therein.
Having considered the submissions advanced, this Court is of the view that it would be appropriate to direct the first appellate authority to dispose of the revisionist's appeal on merits, within a period of three months from the date of presentation of certified copy of this order, provided the revisionist furnishes security, other than cash or bank guarantee, in respect of the balance amount within a period of four weeks. The appellate authority shall not insist upon deposit of any further amount for deciding the appeal on merits.
With the aforesaid observations, this petition stands disposed of.
Order Date :- 29.3.2018 n.u.