M/S VIRHAD GAJANAN BHOG THROUGH ITS PROPRIETOR Vs. TRADE TAX TRIBUNAL SECOND BENCH LUCKNOW AND OTHERS

JUDGEMENT

(1.) Heard Shri Manish Mathur, learned counsel for revisionist and Ms. Parul Bajpai, learned standing counsel for State.

(2.) Present revision is filed by the revisionist challenging the order dated 25.09.2017 passed by Trade Tax Tribunal, Lucknow whereby the tribunal has stayed 80% of the demand (total demand is of Rs. 20,48,362). During pendency of first appeal, petitioner is required to pay remaining 20% of the demand within a period of 30 days.

(3.) Submission of learned counsel for applicant is that even in the impugned order, the tribunal had considered and accepted that financial condition of applicant is not sound and, hence, in view thereof, an absolute stay on the entire demand should have been granted by the Tribunal.