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    <title>1989 (4) TMI 300 - KARNATAKA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=155688</link>
    <description>Where an assessment appeal is pending and the stay applications remain undecided, coercive recovery of the disputed tax cannot proceed because the appellate power to regulate payment pending appeal carries a duty to consider the stay request and preserve the effective right of appeal. The High Court held that recovery steps initiated through the Tahsildar were improper in the absence of any order on the stay applications and were liable to be quashed. It further recognised that the appellate authority should dispose of the stay applications within a fixed time before recovery is pursued.</description>
    <language>en-us</language>
    <pubDate>Thu, 06 Apr 1989 00:00:00 +0530</pubDate>
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      <title>1989 (4) TMI 300 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=155688</link>
      <description>Where an assessment appeal is pending and the stay applications remain undecided, coercive recovery of the disputed tax cannot proceed because the appellate power to regulate payment pending appeal carries a duty to consider the stay request and preserve the effective right of appeal. The High Court held that recovery steps initiated through the Tahsildar were improper in the absence of any order on the stay applications and were liable to be quashed. It further recognised that the appellate authority should dispose of the stay applications within a fixed time before recovery is pursued.</description>
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      <law>VAT and Sales Tax</law>
      <pubDate>Thu, 06 Apr 1989 00:00:00 +0530</pubDate>
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