Court No. - 35
Case :- WRIT TAX No. - 710 of 2019 Petitioner :- Sri Apurva Thakkar Respondent :- Superintendent (Adj) Noida And Another Counsel for Petitioner :- Shubham Agrawal,Sandeep Pandey Counsel for Respondent :- Ashok Singh
Hon'ble Bharati Sapru,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, Mr Ashok Singh, learned counsel for the respondents and perused the material on record.
Petitioner has filed the present writ petition with a prayer that this Court may waive the condition of pre-deposit of 7.5 % of the amount required for filing of the Statutory appeal.
Petitioner submits that imposition is too high and he is not in a financial condition to make pre-deposit for exercising his statutory remedy of appeal. He has expressed his inability to bear the burden of the pre- depsoit in paragraphs no. 18,19, 20 and 23 of the writ petition. However, the learned counsel submits that he is ready and willing to deposit 50 % of the impugned demand in cash.
Having regard to the facts and circumstances of the case, as stated above, we allow the writ petitioner to deposit 50 % of the impugned demand in cash as a pre- deposit and the remaining balance shall be deposited in the form other than cash or bank guarantee subject to decision of the appellate authority towards pre-deposit. In case the petitioner, does so his appeal may be entertained and decided in accordance with law.
With aforesaid observation, the petition stands disposed off.
Order Date :- 30.5.2019 RavindraKSingh