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Issues: Whether the impugned order and the appellate rejection warranted interference and whether the matter should be remitted for fresh adjudication on payment of an additional pre-deposit.
Analysis: The Court noted the petitioner's willingness to deposit an additional 15% of the disputed tax over and above the 10% already pre-deposited, and recorded an endorsement to that effect. Following the consistent course adopted in similar matters, the Court found it appropriate to remit the matter for fresh decision on merits, subject to deposit of the additional amount within the stipulated time. The Court also directed filing of a reply to the show cause notice with supporting documents, provided for adjustment of amounts already recovered, and ordered that the bank attachment would stand lifted upon compliance, while preserving the respondent's right to proceed in case of default.
Conclusion: The matter was remitted for fresh adjudication subject to the stipulated additional pre-deposit and compliance conditions, with consequential relief regarding bank attachment upon compliance.
Final Conclusion: The petitioner obtained conditional relief by way of remand for reconsideration on merits, while the impugned determination was not finally affirmed.
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