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M/S S.J.J. Foams Pvt. Ltd. v. State Of U.P. & Others - WRIT TAX No. 1263 of 2006  RD-AH 13405 (11 August 2006)
CIVIL MISC. WRIT PETITION NO.1263 OF 2006
M/s J.J. Foams Pvt. Ltd. ....Petitioner
State of U.P. and others. .Opp.parties
Hon'ble Rajes Kumar, J.
Present writ petition is directed against the order dated 10.07.2006 passed by Trade Tax Tribunal, Noida in appeal no.421 of 2006 on the stay application. By the impugned order Tribunal has refused to grant the stay.
Brief facts of the case are that against the assessment order, petitioner filed appeal before Joint Commissioner (Appeals), Trade Tax, Noida, which has been dismissed vide order dated 17.05.2006 as barred by limitation. Against the said order, petitioner filed appeal before the Tribunal alongwith stay application. The said application has been rejected.
Heard learned counsel for the parties.
Learned counsel for the petitioner submitted that against the disputed amount of tax of Rs.96,809/-, petitioner has already deposited a sum of Rs.64,030/- and there is balance amount of Rs.32,779/- only. He submitted that the petitioner is running in great financial crises and is not in a position to deposit the amount. He also requested that the appeal of the petitioner may be disposed of expeditiously.
On the facts and circumstances of the case, Tribunal is directed to dispose of the appeal no.421 of 2006 for the assessment year 2002-03 expeditiously preferably within a period of six weeks.
Till the disposal of the appeal, realisation of the balance amount shall remain stayed.
With the aforesaid observation, writ petition stand disposed of.
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