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In view of the above the rejection of exemption by the AA is upheld on this account. The petitioners appeals to the DVAT Tribunal are pending. The DVAT Tribunal prima facie observed as follows:- 23.

After hearing both the counsel we have considered the record of the case including the rival submissions, grounds of appeal, default assessment orders, orders passed by the OHA and the decisions cited this Tribunal is of the considered view that the point raised for consideration can only be meticulously examined on the basis of documents and evidence to be produced when the matter is heard on merits.

Moreover, the provisions of section 76( 4) of the Act cannot be termed as undue hardship or irreparable loss to the appellant.