2009 (11) TMI 822 - HC - VAT and Sales Tax

Summary

Issues involved:
The petitioner seeks exemption from payment pending appeal against the Trade Tax Tribunal's order.

Exemption from recovery amount:
The petitioner, a Government Corporation, sought exemption from paying 100% of the amount till the appeal is disposed of, as opposed to the 90% allowed by the Tribunal. The petitioner's counsel argued that the amount in question is saved in the petitioner's account, and payment should depend on the appeal's outcome. Citing a precedent (Indian Oil Ltd. v. Trade Tax Tribunal, 1999 UPTC 1030), the counsel made a case for not compelling the petitioner to pay any part of the amount at this stage. In light of the circumstances, the court stayed the recovery proceeding initiated by the demand notice until further orders. The petitioner was allowed to operate the attached account during this period.

Stay of recovery proceeding:
The court stayed the operation of the recovery proceeding initiated through the demand notice issued by the opposite party until further orders. The petitioner's account, which had been attached pursuant to the recovery citation, was permitted for operation by the petitioner during this stay. The court's decision was based on the facts and circumstances of the case, ensuring that the petitioner was not compelled to pay any part of the amount at that stage.

Disposition of the writ petition:
As the appeal was still pending before the appellate authority, the court concluded that no further action was required in the matter. With the observations and directions provided, the court disposed of the writ petition finally, addressing the petitioner's concerns regarding the recovery amount and the ongoing appeal process.