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2013 (3) TMI 24 - HC - VAT and Sales TaxRevision application disposed of at the admission stage - Held that - Keeping in view the settled position of law in I. T. C. LTD. Versus COMMISSIONER (APPEALS), CUS. & C. EX., MEERUT-I 2003 (10) TMI 70 - HIGH COURT OF JUDICATURE AT ALLAHABAD & M/s Pennar Industries Ltd. Versus State of A.P. and Ors. 2009 (2) TMI 457 - SUPREME COURT OF INDIA and from the perusal of the appellate order passed by the appellate authority the said authorities have not indicated its mind so far as the existence of the prima facie case on merits on appeal as well as the financial condition which are to be considered by them while passing the impugned orders on an application for stay pending in the first appeal. The said mandatory condition is to be taken into consideration while disposing of an application for interim relief moved by the assessee by the appellate authority as well as tribunal during the pendency of appeal. For the foregoing reasons, without entering into the merit of the case, the present revision is disposed of with a direction to the first appellate authority to decide the appeal filed by the assessee expeditiously say within a period of two months from the date of receiving a certified copy of this order with no coercive measure shall be taken against the assessee in the matter in question for a period of two months or till the decision is taken by the appellate authority in first appeal whichever is earlier.
Issues:
1. Stay of tax liability and penalty during pendency of appeal. Analysis: The judgment deals with the issue of granting stay on the disputed tax liability and penalty during the pendency of an appeal. The Appellate Tribunal had stayed 85% of the disputed tax liability and required 15% penalty to be deposited within thirty days. The High Court referred to previous judgments to establish the principles governing the grant of stay. It emphasized that the Court must balance the rights of the individual and the State regarding the recovery of sovereign dues. The Court highlighted that the appellant must have a strong prima facie case on merit to be granted relief. The financial condition of the appellant should not be the sole consideration, and undue hardship should be avoided. The High Court cited the case of I.T.C. Ltd. vs. Commissioner (Appeals), emphasizing that the appellate authority must apply its mind to the issue raised by the appellant and consider it in accordance with the law. The concept of "undue hardship" was discussed, indicating that the appellant should not be asked to deposit the amount if likely to be exonerated on appeal. The Court stressed that the interest of the Revenue should be protected, but not at the expense of individual rights. Furthermore, the judgment referred to Kribhco Shyam Fertilizers Ltd. Vs. The Commissioner of Commercial Taxes, where full stay was granted due to clear evidence that disputed tax was not to be charged. The Supreme Court's observation in M/s Pennar Industries Ltd. vs. State of A.P. was also cited, highlighting the need to avoid requiring payment if the demand has no basis. The High Court concluded that the appellate authority had not considered the prima facie case on merit or the financial condition of the assessee while passing the impugned orders. As a result, the High Court disposed of the revision with a direction to the first appellate authority to decide the appeal expeditiously within two months. It ordered that no coercive measures should be taken against the assessee during this period or until a decision is made by the appellate authority, whichever is earlier. The judgment underscored the importance of considering the merits of the case and the financial condition of the appellant when deciding on stay applications during the pendency of appeals.
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