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Issues:
- Court fees requirement for stay applications under WT Act - Necessity of separate stay applications for each assessment year - Granting stay for assessment years 1986-87 to 1992-93 Analysis: Issue 1: Court fees requirement for stay applications under WT Act The assessee argued that there is no provision for charging Court fees for stay petitions under the WT Act or GT Act. They contended that since there is no provision for filing stay applications under these Acts, no Court fees should be charged. However, the Departmental Representative argued that if stay applications are entertained under the WT Act, Court fees should be paid. The Tribunal held that while there is no specific provision for Court fees on stay applications under the WT Act, the absence of such provision can be attributed to the lack of a provision for filing stay applications. The Tribunal concluded that since the appellate jurisdiction of the Tribunal includes hearing stay applications, Court fees should be chargeable on filing stay applications under the WT Act, drawing an analogy from the IT Act. Issue 2: Necessity of separate stay applications for each assessment year The assessee contended that under the WT Act, there is no requirement for separate stay applications to be filed for each assessment year. They referred to the Appellate Tribunal Rules, arguing that separate applications for stay are only required for different enactments, not for different assessment years under the same Act. On the contrary, the Departmental Representative argued that a separate stay application should be filed for each WT appeal of each assessment year. The Tribunal opined that while normally separate stay applications should be filed for each appeal and assessment year, in exceptional circumstances and in the interest of justice, a consolidated stay application may be entertained. In this case, the Tribunal allowed a consolidated stay application for all seven WT appeals for seven assessment years, considering the common consolidated order and the arguments already heard on stay. Issue 3: Granting stay for assessment years 1986-87 to 1992-93 For the assessment year 1986-87, the Tribunal noted that the assessee's declared valuation had been upheld, and no stay order was required. However, for the assessment years 1987-88 to 1992-93, the Tribunal considered the substantial differences in valuation between the assessee and the Revenue. Relying on a previous decision of the Rajasthan High Court, the Tribunal granted stay of the WT demands outstanding for these assessment years until a specified date or the disposal of the appeal, whichever is earlier. The Tribunal also directed the cases to be heard on a priority basis and warned against seeking adjournments to avoid vacation of the stay. In conclusion, the Tribunal allowed the stay application for the specified assessment years based on the valuation discrepancies and legal considerations, while also clarifying the requirements for Court fees and separate stay applications under the WT Act.
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