HINDUSTAN AERONAUTICS LIMITED Vs. COMMISSIONER COMMERCITAL TAX LKO

JUDGEMENT

(1.) Heard Sri Rahul Agarwal, learned Counsel for the Assessee and Sri B.K. Pandey, learned Standing Counsel for the department.

(2.) No purpose would be served by keeping the present commercial/ trade tax revision pending, in view of the order proposed to be passed today.

(3.) M/s Hindustan Aeronautics Ltd. Kanpur, the Assessee has filed this Commercial/Sales/ Trade Tax Revision against the order of the Trade Tax Tribunal dated 12th October, 2011 passed in Second Appeal No. 468 of 2011 (Assessment Year 2007-2008). By mean of the order impugned, the Trade Tax Tribunal while entertaining the appeal filed by the Assessee against the order of the first appellate authority dated 29th September, 2011 has been pleased to grant complete waiver from the requirement of deposit of 1/3rd of disputed amount. However, while considering the interim stay application, it has found it appropriate to provide stay of 85% of the disputed amount only. It is against this part of the order that the present commercial tax revision has been filed.