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TMI Blog2015 (7) TMI 1187X X X X Extracts X X X X X X X X Extracts X X X X ..... r imposing twenty times of the amount and even if it is in the discretion of the Tribunal to fix an amount then too some reasonable basis must be there for formation of this opinion. The decision cannot be taken on a whimsical basis. There is a vast difference between two times and twenty times. No reason at all has been given by the Tribunal in the impugned order for fixing twenty times of the am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... twenty times of the tax payable has been calculated and imposed on the assessee. On the other hand, learned counsel for the assessee has relied on a decision of this Court in the case of M/S Manoj Company, Ghaziabad Vs. Commissioner of Sales Tax, U.P. Lucknow reported in 1996 U.P.T.C. 875 and has taken a plea that when it is clear that there was a single transaction of the firm then at the most w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for fresh decision on this aspect of the matter. The assessee may be given an opportunity of hearing while deciding the matter. The Tribunal will decide the matter within a month or by the end of August 2015 whichever is earlier. Till the decision is taken in the matter, the impugned demand shall remain stayed. The amount to be deposited by the assessee will be 10% of the 1,40,000/-. The rev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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