SONY INDIA PVT LTD, UDHYOG VIHAR GREATER NOIDA Vs. COMMISSIONER OF COMMERCIAL TAXES, GOVT. OF UP LUCKNOW

JUDGEMENT

(1.) Supplementary affidavit filed today is taken on record.

(2.) Assessee is a registered dealer and is aggrieved by the order of the Tribunal, which requires it to deposit 10% of the disputed tax amount for the purposes of consideration of its appeal on merits. Assessment proceedings have been concluded for the year 2012-2013 for Uttar Pradesh and for Central. The admitted amount of tax, amounting to Rs. 58 crores has been deposited by the assessee. In respect of the disputed amount of tax assessee has preferred a first appeal, which is pending. Upon a stay application, the first appellate authority allowed conditional stay to the the assessee requiring it to deposit 50% of the disputed amount of tax. To the extent, its prayer for stay was negatived, the assessee has approached the Tribunal, which has modified the order and stayed the demand of tax to the extent of 90% of the disputed amount.

(3.) Learned counsel for the assessee submits that the assessee is a reputed dealer and the activity undertaken by it is subjected to Excise Act and the figures therein are admitted. It is stated that prima-facie case of the assessee on facts has not been examined by the Tribunal. It is also contended that Rs. 58 crores towards tax has already been paid and the assessee is willing to deposit security in the form of bank guarantee. Learned Standing Counsel on the other hand has sought to defend the order of the Tribunal for the reasons recorded therein.