2017 (1) TMI 464

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....t is stated that the petitioner is manufacturing Piston Ring at Ghaziabad, which is then transported to different States and after addition to its value, the end product is subjected to payment of local tax in other States. According to the petitioner, the stock transfer which takes place from Ghaziabad to other places, does not constitute inter State sale so as to attract liability of tax. It is also stated that in respect of assessment proceedings for the previous year, the authorities themselves have not treated similar stock transfer to be inter State sale. It is contended that for the first time such stock transfer is treated as inter State Sale and the assessment order is challenged by filing an appeal, which is pending before the app....

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....e portion of tax as assessed to be deposited prior to admission of the appeal". It is stated that before the Tribunal material had been brought on record to substantiate that nearly half of the disputed tax amount has been paid in other States, as local tax, on the same goods, which has not been taken note of. It is stated that such amount ought to have been taken note of and appropriate adjustment ought to have been allowed before requiring the petitioner to deposit the disputed tax amount. Learned standing counsel has opposed the writ petition by stating that the petitioner is a major manufacturer and in the absence of any adverse financial condition, the deposit of amount ought not to be interfered with by this Court. It is also state....