9911796707
TMI Blog2019 (6) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... by directing the applicant to deposit 20% of the disputed amount within a period of 30 days. Since pure legal issue is involved which is to be considered by the first appellate authority in the pending appeal and admittedly a prima facie case on merit is established by the applicant and further both the appellate authority have not applied their mind to consider the issue raised by the applicant, the orders dated 25.04.2014 and 14.05.2019 are liable to be set aside. Revision allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ess of C & F Agent of BCL i.e. M/s Shree Jee Agencies. BCL was also having branches of different cities, from where cement received on stock transfer basis was sold inside the State of U.P., for which BCL was duly registered under the provisions of U.P. VAT Act, 2008 and Central Sales Tax Act, 1956. It is contended by learned counsel for the applicant that due to some unavoidable reasons, BCL was compelled to close down its business activities and all the stock imported in the month of March, 2015 was sold in the same month, and therefore, during the period 2015-16, BCL was neither having any opening stock of goods nor any goods were received on stock transfer basis, therefore BCL was not having any intention carry business in the year in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cess, the present applicant as well as one M/s Rajputana Properties Pvt. Ltd. submitted their resolution plans before the Resolution Professional for Consideration of COC. The NCLT, Kolkata vide order dated 02.05.2018 has held that the resolution plan submitted by the other party M/s Rajputana Properties Pvt. Ltd. was discriminatory and contrary to the scheme of Code. Hence the NCLT directed the COC to consider the other resolution plans including the plan submitted by the present applicant. In between assessing authority has issued a show cause notice directed the BCL to produce the books of account for the purpose of assessment and also required the reply to the various queries made in the show cause notice. The BCL submitted its reply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties and the registration certificate which was initially issued in the name of BCL was appropriately amended with the same GSTIN No.09AABCB3087C2ZW. It is contended by learned counsel for the applicant that BCL became a wholly owned subsidiary of UltraTech Cement Limited and pursuant to the payment of resolution amount, all litigations instituted against the BCL initiated or arising and pending before the transfer date, shall stand withdrawn. Counsel for the applicant, therefore, submits that it was indicated before the authority below particularly before the assessing authority that in view of above no amount is payable for any transaction prior to transfer date and therefore, it was requested that the assessment proceeding for the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessing authority, first appellate authority and the impugned order of the Tribunal, I find substance in the submission of learned counsel for the applicant. Since pure legal issue is involved which is to be considered by the first appellate authority in the pending appeal and admittedly a prima facie case on merit is established by the applicant and further both the appellate authority have not applied their mind to consider the issue raised by the applicant, the orders dated 25.04.2014 and 14.05.2019 are liable to be set aside. Learned counsel for the applicant has placed reliance on the Division Bench Judgement of this Court in the case of ITC Ltd. vs. Commissioner (Appeals) passed in Writ Petition no. 1219 of 2003 decided on 23.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee is asked to deposit the amount even if he is likely to exonerate from the total liability on disposal of his appeal. Dispensation of deposit should also be allowed where two views are possible. While considering the application for interim relief, the Court must examine all pros and cons involved in the case and further examine that in case recovery is not stayed, the right of appeal conferred by the legislature and refusal to exercise the discretionary power by the authority to stay/waive the predeposit condition, would be reduced to nugatory/illusory. Undoubtedly, the interest of the Revenue cannot be jeopardized but that does not mean that in order to protect the interest of the Revenue, the Court or authority should exercise it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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