AI Structured Summary
Not yet generated for this judgment
Judgment
Leave granted.
The short question that arises for consideration is whether the High Court was justified in calling upon the assessee to deposit a sum of Rs. 20,00,000/- while the assessee's appeal is pending before the appellate authority. Be it be stated that the Assistant Commissioner raised a demand of Rs. 48,87,777.70 against which the assessee has preferred an appeal and appeal is pending before the appellate authority. The question for consideration is whether the advertisement expenses could be loaded to the value declared by the assessee to arrive at correct assessable value. The assessee moved the appellate authority for not depositing the amount, but having unsuccessful there he moved the High Court. The High Court by the impugned order directed the assessee to deposit a sum of Rs. 20,00,000/-. Mr. Salve appearing for the appellant brought to our notice that for the previous year CEGAT has accepted the contentions of the assessee and has disposed of in favour of the assessee. Mr. Ganguli, the learned Senior Counsel for the department, on the other hand, contended that the said year was in relation to the peculiar facts of that case and may not be applicable to the case in hand. We are not inclined to delve into that question, since we are not inclined to express any opinion on the merit of the contentions made by the parties as the appeal is pending before the appellate authority. But having considered the facts and circumstances of the case we direct that the assessee may not be called upon to deposit any amount till the appeal of the assessee is disposed of by the appellate authority. The impugned order of the High Court and the appellate authority refusing the prayer for not depositing the amount are set aside. The appellate authority is directed to take up the appeal on merits without insisting upon any deposit to be made by the assessee. The appeal may be heard expeditiously.
The appeal is disposed of accordingly.