ASHWANI KUMAR MISHRA,J. - (1.) This revision is directed against an order of the Tribunal dated 25th May, 2017, staying demand of disputed tax amount to the extent of 75% till the disposal of appeal.
(2.) Learned counsel for the applicant submits that the matter in issue before the First Appellate Authority has already been adjudicated in its favour by the Tribunal for the assessment years 2008-2009 and 2009-2010, and that as against disputed tax amount of Rs. 46,51,362/-, a sum of nearly 11,00,000/- is already lying in deposit with department. Submission is that in such circumstances, the appeal itself be directed to be disposed off finally without requiring the revisionist to deposit any further amount.
(3.) Learned Standing Counsel disputes the proposition that matter in issue has already been adjudicated by the Tribunal. It is also stated that fact about amount of Rs. 11,00,000/- lying in deposit, does not appear to have been pressed before the Tribunal.;