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TMI Blog2014 (1) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... n before considering application of appellant- assessee, for exercise of power of waiver or relaxation, it would require assessee to deposit some amount. This part of the order of Tribunal has resulted in doing something which is not provided in the statute. In my view, to this extent the impugned order need be modified. The Tribunal must pass final order on the stay application of petitioner considering whether appellant is entitled for any waiver or relaxation under second proviso to Section 57(9) of Act, 2008 with regard to compliance of requirement of clause (a) regarding payment of one third of disputed amount or not - Decided partly in favour of assessee. - Writ Tax No. - 24 of 2014 - - - Dated:- 13-1-2014 - Hon'ble Sudhir Agar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how cause notice was issued to the petitioner, which was replied vide Annexure 2. 5. The Assessing Officer, however, passed an assessment order dated 30.9.2013 (Annexure 3 to the writ petition) but did not accept stock transfer in consignment made to Delhi Depot for value of Rs.54,16,58,748/- and imposed tax @ 4% i.e. Rs.2,16,66,350/-. Similarly, consignment transfers to various agents were rejected, imposing tax liability of Rs.25,56,247/- and the sale made by company was consequently enhanced. The petitioner preferred appeal before Commercial Tax Tribunal under Section 18-A of Act, 1956 raising a ground that once Form-F has been furnished by Company as conclusive proof of stock transfer, any enquiry beyond that is impermissible. The pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ire pre-deposit condition of one-third of such disputed amount can be relaxed or waived by Tribunal by giving a reasoned order in writing. 9. In the present case, applicant-petitioner requested Tribunal to exercise its power of waiver or relaxation under proviso to clause (b), but even for considering that request, Tribunal has required applicant to pay 10% of disputed amount, which approach of Tribunal, in my view, is not correct, inasmuch as, whether tribunal is agreeable to waive or relax requirement of clause (a) regarding payment of one- third of disputed amount is one thing, which it can do so on passing a reasoned order, but it cannot say that even before exercising its power of waiver or relaxation, certain amount must be deposite ..... X X X X Extracts X X X X X X X X Extracts X X X X
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