2014 (2) TMI 912

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..... ed as a position of law - Held that:- Court is conscious of the fact that in the previous order relied upon, the Tribunal had directed suspension of the requirement of pre-deposit in entirety. In these peculiar circumstances, the impugned order is modified; instead of paying 20% of the amount of tax and interest, the appellant shall pay a reduced amount of 10% of tax and interest payable. The requ .....

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..... revious order in 344- 359/ATVAT/11-12 by which the Tribunal had suspended the requirement of pre-deposit of the disputed amount in entirety. It is urged that the impugned order has not even taken into consideration the submission that the appellant is entitled to refund in which event there is no question of payment of tax or pre-deposit. Learned counsel for the respondent disputes the appellant .....

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..... a reduced amount of 10% of tax and interest payable. The requirement of having to deposit 10% of penalty is hereby waived/cancelled. The time to comply with the directions of the Tribunal as modified by the present order is extended by four weeks from today. The impugned order is modified to the extent indicated above. The appeal is partly allowed in the above terms. Order dasti. - - TaxTMI .....

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