IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
O R D E R
S.B.CIVIL WRIT PETITION No.10248/2011
M/s.Shree Rathi Steels (Dakshin) Limited
vs.
The Rajasthan Tax Board & Ors.
DATE: 26th August, 2011
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN
Mr.S.M. Mehta Sr.Counsel with
Mr.J.N. Sharma, Ms.Pallvi Mehta,
for petitioner.
Mr.Amit Ratnawat on behalf of
Mr.R.B. Mathur, for respondents.
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Heard learned counsel for the parties.
2. Learned counsel for petitioner submitted that Rajasthan Tax Board vide its order dated 8th July, 2011 has dismissed the application for stay filed by petitioner to grant stay during pendency of appeal on the ground that petitioner has not deposited pre-deposit amount before or at the time of filing the appeal, whereas petitioner had deposited more than 10% of the disputed amount. During the course of arguments, learned counsel for petitioner referred certain receipts having deposited the amount of tax etc. He further submitted that Rajasthan Tax Board has fixed the appeal itself for final hearing on 29th August, 2011, therefore, either the interim stay order be passed till the disposal of the appeal before Rajasthan Tax Board or Rajasthan Tax Board be directed to decide the appeal finally on 29th August, 2011.
3. I have considered the submissions of learned counsel for parties.
4. From the documents annexed with the writ petition and from the submissions of learned counsel for the parties, it appears that initially, there was some confusion in calculation of disputed amount, but ultimately it was resolved and pre-deposit amount was deposited, but the receipts thereof were not placed on record, therefore, Rajasthan Tax Board has observed that evidence, with regard to deposit of pre-deposit amount, has not been placed on record.
5. Since appeal itself has been fixed for final disposal on 29th August, 2011, therefore, I do not want to pass any interim order in the facts and circumstances of the present case, but direct the petitioner to place on record before Tax Board, the receipts having deposited the pre-deposit amount of tax etc. and also direct the Rajasthan Tax Board to decide the appeal of petitioner finally.
6. Consequently, the writ petition is disposed off finally with a direction to Rajasthan Tax Board to decide the appeal No.192/2011/Alwar of petitioner on 29th August, 2011 finally, after hearing both the parties and in case, it is not possible to hear and decide the same on that day, then the same may be decided within a week thereafter. Petitioner is also directed to place on record the original or photostat copies duly attested of receipts having deposited the pre-deposit amount of the Tax etc. as per law.
(NARENDRA KUMAR JAIN),J.
Sanjay
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
O R D E R
S.B.CIVIL MISC. STAY APPLICATION No.9461/2011
IN
S.B.CIVIL WRIT PETITION No.10248/2011
M/s.Shree Rathi Steels (Dakshin) Limited
vs.
The Rajasthan Tax Board & Ors.
DATE: 26th August, 2011
HON’BLE MR. JUSTICE NARENDRA KUMAR JAIN
Mr.S.M. Mehta Sr.Counsel with
Mr.J.N. Sharma, Ms.Pallvi Mehta,
for petitioner.
Mr.Amit Ratnawat on behalf of
Mr.R.B. Mathur, for respondents.
****
Since main petition has been disposed off, therefore, stay application also stands disposed off.
(NARENDRA KUMAR JAIN),J.
Sanjay
