9911796707
TMI Blog2013 (12) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... dismissing the appeal filed by the Petitioner from the order of part payment passed by the Joint Commissioner of Sales Tax (Appeals) directing a deposit for the year 200708 of Rs.50.00 lacs out of a total dues of Rs.93.85 lacs (inclusive of tax of Rs.35.40 lacs, interest thereon of Rs.23.04 lacs and penalty of Rs.35.41 lacs); and (ii) the order dated 3 September 2013 of the Joint Commissioner of Sales Tax (Appeals) directing the Petitioner for the year 200809 to deposit 100% of the disputed amount of Rs.77.87 lacs ( inclusive of tax Rs.26.78 lacs, interest thereon of Rs.24.60 lacs and penalty of Rs.26.48 lacs). The aforesaid amounts have been directed to be deposited for the purposes of staying the orders of assessment passed by the Depu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dealer on account of sales is less than 50% of the total receipts then set off is available on such sales in respect of which the corresponding purchase has been done within a period of six months prior to the sale. For the purpose of computing the total receipts the authorities have taken into account all receipts pertaining to the petitioner's business, while it is the case of assessee that the receipts should be restricted to sales of gold/commodities and not receipts on account of sale of units. This was not accepted by the revenue and benefit of set off was not extended to the fullest extent. Being aggrieved appeals were filed by the petitioner and for the purpose of staying the impugned orders the appellant was asked to deposit the di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Joint Commissioner of Sales Tax (Appeals). On the the petitioner depositing the amount of Rs.15 lacs within four weeks from today with the revenue, the Joint Commissioner of Sales Tax (Appeals) shall decide the appeal relating to years 200708 and 200809 within a period of four months from today. 6. Accordingly the orders dated 29 July 2013 of the Maharashtra Sales Tax Tribunal and dated 3 September 2013 of the Joint Commissioner of Sales Tax (Appeals) are modified to the above extent. This order will enure to the benefit of the petitioner till the disposal of the appeals for the years 200708 and 200809 by the Joint Commissioner of Sales Tax (Appeals). 7. Petition stands disposed of in the above terms. There shall be no order as to costs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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