ASHWANI KUMAR MISHRA,J. - (1.) The revisionist is a developer, which was allotted two Group Housing plots by the Greater Noida Authority, over which flats are being constructed by it. It is asserted that 72% flats on one site and 66% on the other site have already been allotted to the prospective purchasers and instalment amounts are being received. In respect of such allotted flats revisionist has deposited proportionate tax upon the goods utilised for construction. In respect of remaining flats, deposit of tax is resisted on the ground that being the owner of land and construction, assessee is not liable to be taxed, since there is no work contract for construction of such remaining houses. It is asserted that in respect of the preceding assessment year, such practise, adopted by the assessee was accepted. However, for the assessment year 2013-2014, the assessing authority has held the assessee liable to payment of tax in respect of balance flats also. To that extent, the assessee felt aggrieved and has filed an appeal.
(2.) An application for waiver cum stay was filed and the Tribunal has granted protection to the extent of 85%, of tax amount after recording a finding that triable issues arise for consideration and that the assessee has a prima-facie case. Balance 15% amount has been directed to be deposited. The assessee is aggrieved by such direction and has preferred the present revision.
(3.) I have heard Sri Shubham Agrawal, learned counsel for the assessee and the learned Standing Counsel for the State.;