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TMI Blog2022 (7) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... ter to the Assessing Authority? - if such a power was vested in the OHA, whether the assessment, pursuant to remand, had to be carried out within the limitation period prescribed under Section 34 of the Act? - HELD THAT:- In the matter at hand, there is an arguable defence available to the respondent/revenue. The matter needs deliberation and cogitation. The interests of both sides would be se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORAL): 1. Issue notice. 1.1. Mr Gautam Narayan accepts notice on behalf of the respondent. 2. With the consent of the counsel for the parties, the appeal is taken up for hearing and final disposal, at this stage itself. 3. The appellant has approached this Court, with the grievance, that the Delhi Value Added Tax, Appellate Tribunal, Delhi [in short Tribunal ] has not completely wai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Briefly, the issues involved are: Firstly, as to whether the Objection Hearing Authority (OHA) had the power, under Section 74 of the Act, to remand the matter to the Assessing Authority? Secondly, if such a power was vested in the OHA, whether the assessment, pursuant to remand, had to be carried out within the limitation period prescribed under Section 34 of the Act? 6.1. It is these asp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ish to give a definitive view in the matter, especially, given the circumstance, that the Tribunal, it appears, has taken a view in favour of the appellant, in the aforementioned decisions. 9. Insofar as the decision of this Court in M/S SREI Equipment Finance Ltd. is concerned, the directions for complete waiver were issued by this Court, keeping in mind, the decision of this Court dated 28. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erests of both sides would be served if the appeal is disposed of with the following directions: (i) The appellant will deposit 5% of the disputed demand. (ii) The appellant will deposit the aforementioned amount, within four weeks from the date of receipt of a copy of the judgement. (iii) If the directions issued hereinabove, are complied with by the appellant, the Tribunal will hea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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