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1994 (6) TMI 205 - HC - VAT and Sales Tax
Issues:
- Whether the Sales Tax Appellate Tribunal has the power to grant stay of further proceedings pursuant to the order of remand passed by the Appellate Deputy Commissioner. Analysis: The judgment of the High Court of Andhra Pradesh addressed the issue of whether the Sales Tax Appellate Tribunal (S.T.A.T.) had the authority to grant a stay of further proceedings following an order of remand by the Appellate Deputy Commissioner. The Tribunal had granted a stay on further proceedings pending the disposal of the appeal filed by the respondent-assessee. The Government Pleader argued that the Tribunal lacked the power to grant such a stay under sub-section (6-A) of section 21 of the Andhra Pradesh General Sales Tax Act. However, the Court examined the provision and concluded that the prohibition in sub-section (6-A) pertained specifically to the stay of payment of tax and penalty, not to the power of the Appellate Tribunal to issue interim orders, including granting a stay of further proceedings following a remand order. The Court emphasized that the express mention of limitations in sub-section (6-A) did not extend to restricting the Tribunal from passing other interim orders in the interest of justice. The judgment highlighted that the prohibition in sub-section (6-A) did not render the stay order illegal or incompetent. Additionally, the Court referred to a previous Division Bench judgment, clarifying that the Appellate Tribunal could grant a stay of further proceedings after a remand order, as long as the proceedings did not involve the recovery of tax or penalty. In conclusion, the Court found no illegality in the stay order under revision and determined that it did not suffer from any jurisdictional error. The judgment specified that the stay granted by the S.T.A.T. only applied to proceedings related to the part of the order allowing the appeal and remanding the case for further inquiry, excluding proceedings related to any part of the order dismissing the appeal. The Court dismissed the revision and directed the Appellate Tribunal to expedite the disposal of the appeal within a specified timeframe.
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