1986 (9) TMI 391

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....facts in detail. Suffice it to mention that the petitioner, M/s. Tata Engineering and Locomotive Company Limited, was originally assessed for the Central sales tax for the years 1971-72, 1972-73 and 1973-74, by the Assistant Commissioner of Commercial Taxes, Jamshedpur Circle, Jamshedpur, on the 27th of April, 1977, and for the latter two years on the 18th of May, 1977. Subsequently, however, the Additional Assistant Commissioner reopened the assessments aforesaid under section 18(1) of the Bihar Sales Tax Act. By a single composite order dated 10th of November, 1977, the Additional Assistant Commissioner revised the original assessment and assessed the tax at 12 per cent on certain transactions by holding them to be inter-State sales. The ....

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....oint of limitation. The Tribunal consequently stayed the realisation of the balance of the amount of tax for the year 1971-72. However, as regards the stay for the years 1972-73 and 1973-74, it noticed that earlier on a consideration, their Lordships of the Supreme Court had stayed the recovery only during the disposal of the appeal proceedings. The said appeal having been now decided against the petitioner, the Tribunal found no adequate ground for the stay of tax for the relevant assessment years. 4.. Learned counsel for the petitioner primarily highlighted the quantum of tax dues for seeking a somewhat unusual relief that even though the Commercial Taxes Tribunal is in seisin of the revision, this Court in its writ jurisdiction should s....