M/S. Supertech Realtors Pvt. Ltd. vs The Commissioner, Commercial Tax ...
2013 Latest Caselaw 5272 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- SALES/TRADE TAX REVISION No. - 649 of 2013
 

 
Applicant :- M/S. Supertech Realtors Pvt. Ltd.
 
Opposite Party :- The Commissioner, Commercial Tax .
 
Counsel for Applicant :- Suyash Agrawal
 

 
Hon'ble Arun Tandon,J.

Heard learned counsel for the parties.

No purpose would be served by keeping the revision pending, specifically in view of the order proposed to be passed today.

According to the assessee the tax in fact was deposited for the assessment year 2012-13 only after a delay of two days and that too with interest, yet the Assessing Authority has proceeded to impose penalty of 200% of the tax paid to be precise to the tune of Rs. 37,95,192/-.

The assessee filed first appeal along with an interim stay application. The first Appellate Authority granted interim stay of 50% of the disputed amount. The assessee was not satisfied. He, therefore, filed second appeal before the Tribunal. The Tribunal under the order dated 26.07.2013 has granted stay of 70% of the disputed amount.

The facts as recorded by the Commissioner have not been found to be incorrect by the Tribunal. However without recording any reason, the Tribunal has found it proper to grant interim stay of 70% of the disputed amount.

In the facts of the case it is desirable to provide as follows :

The assessee may furnish security other than cash or bank guarantee for the amount in respect whereof interim stay order has not been granted by the Tribunal, within two weeks from today to the satisfaction of the assessing authority. If this is done, the First Appellate Authority shall consider and decide the appeal preferably within two months thereafter.

Revision is disposed of.

Dated :29.08.2013

VR/CTR 649/13