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of <h1>Tax Dispute: 20% Additional Tax Deposit Mandated, Recovery Proceedings Stayed Pending Writ Petition Resolution</h1> <h3>M/s. N.G. Enterprises And Another Versus State of U.P. And 3 Others</h3> HC ruled on tax liability dispute, directing petitioner to deposit 20% additional tax alongside previous 10% deposit. Recovery proceedings were stayed ... Maintainability of petition - requirement to deposit 50% of the disputed tax liability - HELD THAT:- Reliance placed on an order passed by coordinate bench of this Court in M/S N.G. ENTERPRISES AND ANOTHER VERSUS STATE OF U.P. AND 3 OTHERS [2023 (12) TMI 992 - ALLAHABAD HIGH COURT]. It was in favour of the same petitioners, as in the present petition, but for different assessment year, where it was held that The petitioner shall deposit 20% of the disputed tax liability in addition to the earlier deposit before the assessing authority (which is 10% of the disputed tax amount). Subject to the aforesaid deposit, the recovery proceedings of the balance amount shall remain stayed till the decision of this writ petition. The view taken by the coordinate bench is agreed upon, and accordingly, similar direction is issued in the present case - It is directed that the petitioner shall deposit 20 per cent of the disputed tax liability in addition to the earlier deposit before the assessing authority (which is 10% of the disputed tax liability) - petition disposed off. Citation: 2024 (2) TMI 849 - ALLAHABAD HIGH COURT. Petitioners relied on a coordinate-bench order in Writ Tax No.1412 of 2023 and earlier precedents permitting reduced deposits instead of 50% of the disputed tax. The court concurs with the coordinate bench and grants analogous interim relief: 'The petitioner shall deposit 20% of the disputed tax liability in addition to the earlier deposit before the assessing authority (which is 10% of the disputed tax amount). Subject to the aforesaid deposit, the recovery proceedings of the balance amount shall remain stayed till the decision of this writ petition.' Procedural directions: respondents to file counter-affidavit within four weeks; rejoinder, if any, within two weeks thereafter. The matter is tagged and listed with Writ Tax Nos.1412 and 1415 of 2023 on 19.02.2024. The stay of recovery is conditioned upon the specified deposit being made within four weeks.
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