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TMI Blog2017 (12) TMI 1582X X X X Extracts X X X X X X X X Extracts X X X X ..... ad already made pre-deposit of 25% of the disputed tax before the Tribunal. If during the pendency of the said appeal, the balance disputed tax is recovered in its entirety, the petitioner may suffer serious prejudice - Held that:- In order to balance the interests of both the parties, the respondents are restrained from recovering the balance disputed tax subject to the petitioner paying 50% of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t No.1 and to restrain the respondents from collecting the disputed tax of ₹ 3,48,64,472/- till the disposal of Tax Appeal No.76 of 2017 pending before the Value Added Tax Appellate Tribunal, Visakhapatnam (for short 'the Tribunal'). 2. We have heard the learned counsel for both the parties and perused the record. 3. The petitioner is a private limited company incorporated under the Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pre-revision show cause notice. Respondent No.2 gave effect to the said revision order, vide his order, dated 23.02.2016. The said order was questioned by the petitioner in W.P.No.10263 of 2016. A Division Bench of this Court dismissed the said writ petition and relegated the petitioner to the remedy of appeal. Thereafter, by proceedings, dated 17.06.2016, respondent No.2 passed a rectification o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Authority of India Ltd. vs. State of Orissa AIR 2000 SC 946, the petitioner, who had already discharged its tax liability, is not liable to deduct tax at source in respect of payments made to its sub-contractor and that therefore, respondent No.4 has committed patent illegality in re-assessing the tax by exercising suo motu revisional power. 5. Opposing the above submissions, Mr.Shaik Jeelani B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce the interests of both the parties, the respondents are restrained from recovering the balance disputed tax subject to the petitioner paying 50% of the disputed tax within a period of four weeks from today, pending Tax Appeal No.76 of 2017. While calculating 50% of the disputed tax, the pre-deposit, if any, made by the petitioner shall be given credit to. 8. Subject to the above directions, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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