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2016 (5) TMI 1361 - HC - VAT and Sales TaxInterim relief - recovery of dues - Inter-state sale - Section 3 of the Central Sales Tax Act - Specific bar contained in Section 7 of the U.P. VAT Act - Held that - the order passed by the learned Tribunal is modified with direction to the appellate authority to decide the appeal of the revisionist expeditiously in accordance with law within a period of two months from the date of receipt of certified copy of the order - appeal allowed by way of remand.
Issues:
Challenge to order of Trade Tax Tribunal staying 85% of recovery amount during appeal. Analysis: The High Court judgment, delivered by Hon'ble Ritu Raj Awasthi, J., pertains to a revision challenging the Trade Tax Tribunal's order staying 85% of the recovery amount during the pendency of an appeal. The revisionist's counsel argued that a previous judgment between the same parties had settled the controversy, albeit for a different assessment year. The assessing authority had relied on a judgment in the case of State of Andhra Pradesh Vs. M/s. Kone Elevator, which was subsequently overruled by a Constitution Bench judgment in the case of Kone Elevator India Pvt. Ltd. Vs. State of Tamil Nadu. The High Court had previously allowed a revision in a similar matter and directed the appellate authority to decide the appeal expeditiously in accordance with the law, within two months of receiving the order copy, without making any recovery during this period. The Additional Chief Standing Counsel for the opposite party did not contest this legal position. The High Court allowed the revision and modified the impugned order of the Trade Tax Tribunal. The appellate authority was directed to decide the pending appeal of the revisionist promptly within two months of receiving the certified copy of the High Court's order. No recovery was to be made from the revisionist for the remaining tax amount of the relevant assessment year until the appeal was decided. The judgment emphasized adherence to the legal principles established by the Constitution Bench judgment of the Apex Court and the need for a speedy resolution of the matter in accordance with the law.
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