9911796707
TMI Blog2014 (1) TMI 1154X X X X Extracts X X X X X X X X Extracts X X X X ..... alance between the rights of an individual and the State so far as the recovery of sovereign dues is concerned. While considering the application for stay/ waiver of a pre-deposit, as required under the law, the Court must apply its mind as to whether the appellant has a strong prima facie case on merit. In case, it is covered by the judgment of a Court/ Tribunal binding upon the Appellate Authority, it should apply its mind as to whether in view of the said judgment, the appellant is likely to succeed on merit, if an appellant have strong prima facie case, is asked to deposit the amount of assessment so made or penalty so levied, it would cause undue hardship to him, though there may be financial restrain on the appellant running in a good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 011-12 and stayed only 75% of the VAT tax by allowing the appeal partly. The submission of learned counsel for the revisionist is that the revisionist's company is engaged in the business of sale and purchase of Khali from the registered dealer Sri Baba Enterprises, Lucknow as well as from Sri Ram Enterprises and Sri Gayatri Trading company Barabanki. It is further submitted that VAT tax is continuously being paid to Baba Enterprises and other firms from whom the business dealing is being done by the revisionist. After payment of Vat Tax the revisionist claimed benefit of ITC by sending Form 24-E to the office of Deputy Commissioner, Commercial tax for the period from April 2011. But instead of giving the ITC benefit, the show-cause notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arious grounds raised by the revisionist. Learned counsel for the revisionist also submits that the impugned order is in contravention to the law as laid down by this Court in the case of Kribhco Shyam Fertilizers Limited Vs. CST, reported in 2009 NTN (Vol. 40) 67, wherein 75% stay was granted by the Tribunal and this Hon. Court was pleased to stay the balance 25% tax and direction was issued for early disposal of appeal. In the above background, the submission of learned counsel for the revisionist is that the entire disputed tax deserves to be exempted till disposal of appeal. I have considered the submissions of learned counsel for the revisionist and gone through the record. In the appeal, the Additional Commissioner has granted s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the recovery of sovereign dues is concerned. While considering the application for stay/ waiver of a pre-deposit, as required under the law, the Court must apply its mind as to whether the appellant has a strong prima facie case on merit. In case, it is covered by the judgment of a Court/ Tribunal binding upon the Appellate Authority, it should apply its mind as to whether in view of the said judgment, the appellant is likely to succeed on merit, if an appellant have strong prima facie case, is asked to deposit the amount of assessment so made or penalty so levied, it would cause undue hardship to him, though there may be financial restrain on the appellant running in a good financial condition. The argument that appellant is in a posit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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