ASHWANI KUMAR MISHRA,J. - (1.) This revision is directed against an order passed by the Tribunal, dated 21st April, 2017, whereby the revisionist has been directed to deposit 40% of the disputed tax amount as a pre-condition for hearing appeal on merits. The order under challenge modifies the order of first appellate authority, which had required the assessee to deposit 60% of the disputed tax amount.
(2.) Learned counsel for the revisionist contends that as per the returns of assessee, total tax amount works out to Rs. 62,58,861/-, which has already been deposited. It is stated that liability imposed by the assessing authority treating import to be above 5% and thereby requiring the assessee to deposit tax @ 6% needs to be adjudicated on merits.
(3.) Learned Standing Counsel has strongly opposed the application contending that the payment of tax @ 6% clearly emerges from the admitted facts on record, and therefore, no interference in the matter is required.;