https://www.taxtmi.com/caselaws?id=244264 Interim stay of disputed tax demand is governed by settled discretionary principles, including prima facie case, balance of convenience and revenue interests, and a taxpayer cannot full waiver merely by asserting an arguable case. The HC noted that the assessing authority had recorded material reasons, including an incomplete Form-38 entry and suspected misuse, to justify provisional assessment under Section 25(1) of the Uttar Pradesh Value Added Tax Act, 2008, so no patent lack of jurisdiction was shown. It also held that directing deposit of 20% and staying the remaining 80% was a proper exercise of discretion, and the limited stay condition was sustained. en-us Wed, 19 Feb 2014 00:00:00 +0530 Tue, 21 Jul 2015 17:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=244264 Interim stay of disputed tax demand is governed by settled discretionary principles, including prima facie case, balance of convenience and revenue interests, and a taxpayer cannot full waiver merely by asserting an arguable case. The HC noted that the assessing authority had recorded material reasons, including an incomplete Form-38 entry and suspected misuse, to justify provisional assessment under Section 25(1) of the Uttar Pradesh Value Added Tax Act, 2008, so no patent lack of jurisdiction was shown. It also held that directing deposit of 20% and staying the remaining 80% was a proper exercise of discretion, and the limited stay condition was sustained. Case-Laws VAT and Sales Tax Wed, 19 Feb 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=244264