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TMI Blog2015 (9) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... however, Tribunal modified first appellate authority’s order and stayed 75 per cent of disputed tax – Whether revisionist was entitled for complete stay of deposit amount – Held that:- Tribunal neither considered prima facie merits of revisionist case nor has taken into account financial distress of revisionist in payment of disputed tax amount and other relevant factors – Therefore, order of Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceed accordingly. 2. This revision has arisen from the assessment order dated May 15, 2013, where against revisionist preferred first appeal and also filed an application seeking stay of payment of disputed tax in its entirety. The first appellate authority disposed of stay application by permitting the assessee to deposit only 50 per cent. of disputed tax and rest 50 per cent. has been sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der requiring the assessee to deposit full or part of amount. Reliance is also placed upon a decision of this court in Kribhco Shyam Fertilizers Ltd. v. Commissioner of Commercial Taxes, Lucknow [2011] 43 VST 145 (All); [2009] 40 NTN 67 and Sales/Trade Tax Revision No. 615 of 2010 (Ganesh Namkeen and Sweet House v. Commissioner, Commercial Tax, U. P., Lucknow), decided on August 5, 2010. 4. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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