1995 (8) TMI 298

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....ance made by the petitioner is that the application filed by the petitioner under section 20(5) of the Punjab General Sales Tax Act, 1948 along with the appeal preferred by him before the Deputy Excise and Taxation Commissioner (Appeals) is not being taken up for consideration by the appellate authority but at the same time the Assessing Authority namely, the Assistant Excise and Taxation Commissi....

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....Escorts Tractor Limited v. Sales Tax Tribunal [1995] 98 STC 24 (P&H)] and having taken a note of the facts of this case, we find sufficient justification in the contention of the learned counsel for the petitioner that the Assessing Authority should be restrained from realising the amount of penalty by encashment of bank guarantee till the decision of the stay application filed by the petitioner b....