2014 (9) TMI 177

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....dana Shukla & Ms. Megha Bharara, Advocates with Mr. Rajeev, Vato. ORDER Sanjiv Khanna, J. (Oral): Having heard learned counsel for the parties, we are inclined to frame the following substantial question of law:- "Whether Appellate Tribunal Value Added Tax was justified and correct in directing the appellant-assessee to deposit 10% of the penalty amount as a pre-condition for hearing the appe....

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.... these circumstances, learned counsel for the appellant-assessee relies upon decision of the Supreme Court in Andhra Agencies versus State of A.P., (2008) 14 SCC 540 and submits that the tribunal was not justified in directing the appellant-assessee to deposit 10% of the penalty amount, even when Rs. 4,68,096/- was still available with the respondent-Revenue as refund payable. 3. Normally, we wou....

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....ment to support their contention that adjustment was required in the case of M/s Hindustan Petroleum Corporation Limited in view of discounts/incentives. She submits that tax may be refundable to M/s Hindustan Petroleum Corporation Limited, but the appellant-assessee must pay the tax and interest at the first instance and this will also mean that the assessee should pay entire penalty. She submits....

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....e legal issues and contentions, which require detailed adjudication and decision. Question of penalty itself would be a matter of debate in view of legal submissions. Judgment of the Supreme Court in Andhra Agencies (supra) is relied upon by the appellant-assessee. Further, in terms of the certificate issued by M/s Hindustan Petroleum Corporation Limited, they have paid full tax without taking any....