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[Cites 0, Cited by 2] [Section 38] [Entire Act]

State of Rajasthan - Subsection

Section 38(4) in The Rajasthan Value Added Tax Act, 2003

(4)Where a dealer or a person has filled an appeal to the Appellate Authority against an order passed by an assessing authority or any other officer, the said Appellate Authority may, after registering such appeal and after having heard the appellant and the assessing authority or officer or any representative thereof, stay the recovery of the disputed amount of tax or demand or any part thereof for a period of six months from the date of such order or till the disposal of the appeal, whichever is earlier, on the condition that the said dealer or the person furnishes sufficient security to the satisfaction of, the Assessing Authority or the officer, as the case may be, in such form and in such manner as may be prescribed. However, the appellate authority may for reasons to be recorded in writing continue such stay beyond the aforesaid period of six months for a further period not exceeding six months:[Provided that where an application for stay is not disposed of within a period of thirty days from its filing and the delay is not attributable to the applicant, the same shall be deemed to have been accepted subject to the condition that such dealer or person furnishes sufficient security to the satisfaction o.f the Assessing Authority or the officer, as the case may be, in such form and in such manner as may be prescribed: [Added by Rajasthan Act No. 13 of 2009, dated 11.8.2009.][Provided further that no security under this section shall be required to be furnished by a department of the Central Government or the State Government or a public sector undertaking, corporation or company owned or controlled by the Central Government or the State Government.] [Added by Rajasthan Act No. 15 of 2011, dated 11.4.2011.]