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M/S.New Deva Agency vs 2 The Appellate Deputy ...

Madras High Court|15 February, 2017

JUDGMENT / ORDER

1. Issue notice. Mr.K.Venkatesh, accepts notice on behalf of the respondents.
1.1. With the consent of counsels for parties, the Writ Petition is taken up for final hearing and disposal.
2. By virtue of the instant Writ Petition, challenge is laid to the order dated 20.12.2016.
3. A perusal of the order and the record placed before me would show that the petitioner has paid 50% of the tax demanded by respondent No.1.
4. The petitioner is aggrieved by the fact that in so far as the balance 50% of the disputed tax and penalty is concerned, security in the form of bank guarantee is demanded.
5. Learned counsel for the petitioner says that the petitioner is willing to execute a personal bond for the balance 50% of the disputed tax and penalty.
6. Mr.Venkatesh says that the impugned order can be modified in so far as the balance disputed tax and penalty is concerned, having regard to the fact that 50% of the tax has already been paid.
7. Accordingly, the impugned order is modified to the extent that in respect of the balance 50% of the disputed tax and penalty, the petitioner will furnish a personal bond instead of bank guarantee.
8. Upon fulfilling of the condition indicated above, respondent No.2 shall hear and dispose of the appeal at the earliest. Pending the disposal of the appeal, stay of the order-in-original will continue to operate.
9. The Writ Petition is disposed of in terms of the aforesaid directions.
10. Consequently, the connected Miscellaneous Petitions are closed. However, there shall be no order as to costs.
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Title

M/S.New Deva Agency vs 2 The Appellate Deputy ...

Court

Madras High Court

JudgmentDate
15 February, 2017