High Court of Judicature at Allahabad
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M/S Gammon India Limited v. State Of U.P. & Others - WRIT TAX No. 1194 of 2006  RD-AH 3171 (26 February 2007)
Hon'ble Rajes Kumar, J.
In pursuance of the impugned order dated 31.7.2006, the petitioner was required to deposit Rs.35 Lacs for the assessment year 2003-04 and a sum of Rs. 63 Lacs for the assessment year 2004-05 in all Rs. 98 Lacs. Petitioner submitted a Certificate of the Assessing Authority for the deposit of Rs.99,37,598/- for both the years. Further a Certificate dated 8.02.2007 was submitted certifying the total deposit of Rs.10616244/- for both the assessment years. In the Counter-affidavit filed by the respondents, it has been stated that since the bifurcation of the deposit for both the years, could not be furnished and it was not established that the total amount has been deposited, appeal could not be heard and decided. From the Certificate dated 08.02.2007 issued by the Deputy Commissioner, it appears that for the assessment year 2003-04 deposit is at Rs.33,35,045/- a little short to Rs. 35 Lacs while for the assessment year 2004-05, a sum of Rs.72,81,199/- was deposited in excess of the amount which was directed to be deposited.
Having regard to the aforesaid facts, the Tribunal is directed to hear and decide the appeal expeditiously preferably within a period of six weeks from the date of filing of the certified copy of the order which the petitioner undertakes to file within a period of ten days.
With the aforesaid observations, the writ petition is disposed of.
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