2010 (7) TMI 1128 - 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, contention for full stay during appeal, direction for early disposal of appeal.

Assessment Order and Appeal: An assessment order was passed for the year 2007-08. The assessee appealed for stay of realization of 50% of disputed tax, which was granted. Subsequently, the Trade Tax Tribunal modified the stay to 80% of disputed tax. The assessee, unsatisfied, filed a revision contending for full stay during appeal as the demand had no basis. The revision was disposed of with a direction for the first appellate authority to decide the appeal within six weeks.

Stay of Realization: The Court directed that for six weeks or until the appeal decision, no realization of disputed tax shall occur if the assessee provides satisfactory security other than Cash and Bank guarantee. Cooperation of the assessee for early disposal of the appeal was emphasized.