2010 (7) TMI 1127 - HC - VAT and Sales Tax

Summary

Issues involved: Assessment order for the year 2007-08, appeal for stay of realization of disputed tax, modification of interim protection by Trade Tax Tribunal, contention for full stay during appeal.

Assessment Order and Appeal: An assessment order was passed for the year 2007-08, and the assessee appealed for stay of realization of disputed tax. Interim protection was initially granted for 50% of the tax, which was later modified by the Trade Tax Tribunal to 80%. The assessee, unsatisfied with this, filed a revision before the High Court, arguing for full stay during the appeal process.

Court's Decision: The High Court, without delving into the appeal's merits, disposed of the revision with the consent of both parties. The first appellate authority was directed to consider and decide the appeal within six weeks from the date of the order. During this period or until the appeal decision, whichever is earlier, no realization of the disputed tax amount was allowed if the assessee provided satisfactory security other than Cash and Bank guarantee. The assessee was also instructed to cooperate for the early disposal of the pending appeal.