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TMI Blog2016 (9) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... of pre-deposit too high for the petitioner to make payment - amount of pre-deposit reduced - appeal to be considered on grounds of merits after compliance of payment of pre-deposit - petition disposed off - decided partly in favor of petitioner. - W.P.(C) No. 843 of 2015 - - - Dated:- 28-6-2016 - A.M. SHAFFIQUE, J. FOR THE PETITIONER : ADVS.SRI.P.RADHAKRISHNAN (1), SRI.MADHU RADHAKRISHNAN, SRI.NELSON JOSEPH, SRI.M.D.JOSEPH FOR THE RESPONDENT : ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC JUDGMENT Petitioner challenges Ext.P10 by which he is called upon to deposit ₹ 50 lakhs within twelve weeks and report compliance on or before 15.1.2015 in order to entertain the appeal. The order is passed in an application submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ghly about ₹ 4 Crores and the appellate authority had only directed predeposit of ₹ 50 lakhs on a clear finding that a strong case had been made out as far as the claim for ₹ 86 lakhs is concerned. 4. Having heard the learned counsel on either side and having perused the records, in regard to the question of maintainability, I do not think that this Court will be justified in conducting an enquiry regarding the maintainability of the writ petition at this stage, especially when the writ petition has been admitted as early as on 19.1.2015 and an interim direction had been issued by this Court, not to reject the appeal during the pendency of this writ petition. 5. Coming to the facts in issue, there is no dispute about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been able to show that transaction value was more than what was declared by producing supporting evidences and by applying principle of preponderance of probability it can be definitely stated that the transaction value was more than what was declared. As regards valuation, once transaction value is available, the question of resorting to contemporaneous value does not arise. In view of the above we consider that the Revenue has made out a strong case in favour of the demand and at least in respect of approximately 86,00,000/- ₹ the demand is sustainable. At this stage the learned counsel submits that appellant is a small trader and is facing serious financial difficulties and produces income tax returns in support of the same which s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement of predeposit of balance dues is waived and stay against recovery is granted during the pendency of appeal. 6. On a bare reading of the aforesaid order would clearly indicate that there is no infirmity or perversity for this Court to interfere with the impugned order. 7. Then the only question is whether there was any justification on the part of the appellate authority to have directed deposit of ₹ 50 lakhs. The learned counsel for the petitioner justifies the request for reduction of the predeposit on the ground that the petitioner is not in a position to deposit the said amount. In fact, such an issue was also considered by the appellate authority. 8. The learned counsel for the respondent further submits that compa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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