Pre-deposit relief for stay granted after later notification reduced the further deposit requirement to 10% of disputed tax.

Pending constitution of the appellate tribunal, the assessee sought modification of the stay condition on the first appellate order so that the further pre-deposit would match a later notification reducing it to 10% of the remaining disputed tax. The court noted that the earlier direction had required 10% of the disputed tax on filing the appeal and a further 20% of the remaining disputed tax for stay, but a subsequent notification and a corresponding State revenue notification had lowered the further deposit requirement. The modification was accepted, and the impugned order was directed to remain stayed on deposit of 10% of the remaining disputed tax.

---

---

Issues: Whether the assessee, pending constitution of the appellate tribunal, was entitled to have the pre-deposit condition for stay of the impugned first appellate order reduced to 10% of the remaining disputed tax in line with the later notification.

Analysis: The order records that the earlier directions required deposit of 10% of the disputed tax on filing appeal and a further 20% of the remaining disputed tax for stay. It was noticed that a subsequent notification had reduced the further deposit requirement to 10%, and that the State revenue had also issued a corresponding notification. On that basis, the requested modification was accepted.

Conclusion: The assessee was granted the benefit of the reduced deposit requirement, and the impugned order was directed to remain stayed upon deposit of 10% of the remaining disputed tax.

---