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Judgment
This appeal is admitted on the following substantial question of law :-
Whether in the facts and circumstances of the case the sum of Rs. 2,34,23,444/- forfeited and sum of Rs. 5,27,35,303/- liquidated damages for not lifting the specified quantity of sand, shown as other income, can be treated as sale consideration while there is no transfer of property of goods to the purchaser and can be subjected to Commercial Tax?
Notice on behalf of respondents is accepted by Shri Vijay Pandey, learned Dy. A.G.
Appellant to serve two sets of memo of appeal to Shri Pandey along with the documents.
I.A. 9890/12 for stay.
Notice of this application is accepted by Shri Pandey. He prays for four weeks time to file reply.
Prayer is allowed.
Till next date of hearing following directions are issued :-
Appellant to deposit 50% of the demand amount. However the appellant shall be entitled to adjustment of the amount which the appellant had already deposited at the time of filing of the appeal before the Appellate Commissioner or before this Court. Meaning thereby, after adjusting the aforesaid amount, appellant shall deposit 50% of the total demand raised against the appellant.
On compliance of the aforesaid condition, within a period of 30 days from today, recovery of the remaining amount shall remain stayed.
C.C. as per rules.