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Judgment
A. Muhamed Mustaque, J.—The petitioner, as against Ext. P3 assessment order, has preferred an appeal. Ext. P4, P4(a) are the appeals. The petitioner also filed a waiver application of free deposit. The petitioner submits that since the proceedings are relating to the period prior to amendment to the Finance Act in the year 2014, without insisting free deposit, the appeal shall be entertained. The petitioner relies on Ext. P7 judgment of this Court in W.P.(C) No. 6173/2015, dated 2-3-2015 [ Muthoot Finance Limited Vs. Union of India and Others ].
The learned Standing Counsel submits that the Department has already challenged the judgment in W.P.(C) No. 6173/2015 before a Division Bench of this Court. In that view of the matter, the following directions are issued:
"The appeal shall be entertained without insisting of pre-deposit in accordance with the unamended provisions on an undertaking by the petitioner that in the event of Muthoot''s case is being reversed by this Court, the petitioner shall deposit 7.5% of the amount as per the amended provisions. In view of the above, the demand for pre-deposit is set aside."