Pre-deposit for stay reduced to 10% of the remaining disputed tax after later notification aligned the deposit requirement.

The pre-deposit condition for stay of the first appellate order was modified in light of a later notification aligning the State revenue position with the Central revenue reduction. The Court noted that the petitioner could not pursue the statutory appeal because the Tribunal had not yet been constituted, and that earlier directions for similarly placed assessees had required deposit of 10% of the disputed tax on appeal and a further 20% of the remaining disputed tax for stay. The stay deposit was therefore reduced to 10% of the remaining disputed tax.

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Issues: Whether the pre-deposit requirement for keeping the impugned first appellate order stayed should be reduced to 10% of the remaining disputed tax in view of the later corresponding notification.

Analysis: The order noted that the petitioner was unable to pursue the statutory appeal because the Tribunal had not yet been constituted. It further recorded that the earlier directions governing similarly placed assessees required deposit of 10% of the disputed tax on filing appeal and a further 20% of the remaining disputed tax for stay of the impugned order. The Court accepted the petitioner's reliance on the subsequent notification issued by the State revenue in line with the Central revenue's reduction of the deposit requirement.

Conclusion: The pre-deposit condition for stay was modified and reduced to 10% of the remaining disputed tax, with the writ petition disposed of accordingly.

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