Heard Mr.P.Radhakrishnan, the learned counsel appearing for the petitioner and Mr.S.C.Herold Singh, the learned Government Advocate appearing for the respondents. By consent of both the parties, the writ petitions are taken up for final hearing and disposal.
2. The learned counsel for the petitioner had submitted that, in similar matters, orders have been passed by this Court, directing the petitioners to furnish a personal bond for the balance of tax and penalty to be paid by the petitioner, instead of furnishing a Bank Guarantee or immovable property security. In the present case, the Appellate Deputy Commissioner (CT)(FAC), Thanjavur, had ordered that the petitioner should pay 12.5% of the balance disputed tax in each case amounting to Rs.36,686/-, Rs.19,018/- and Rs.26,261/-, on or before 16.11.2009, and another 12.5% on or before 16.12.2009, and to furnish Bank Guarantee or sufficient security to the satisfaction of the Assessing Officer concerned, for the balance of tax and penalty which had been stayed till the disposal of the appeal. The petitioner had also been directed to furnish the Bank Guarantee or security, on or before 16.12.2009. The request of the petitioner is that instead of furnishing the Bank Guarantee or security, in Form XIX, they may be permitted to furnish a personal bond for the balance of tax and penalty.
3. The learned Government Advocate, appearing on behalf of the respondents had submitted that it would be difficult for the authorities concerned to recover the amounts, in case the petitioner commits default in paying the amount, at a later date, when they are found to be liable to pay the balance of penalty. However, since this Court had passed a number of orders permitting the petitioners to furnish a personal bond, instead of Bank Guarantee or security, this Court deems it fit to issue a similar direction to the second respondent to accept the personal bond furnished by the petitioner for the balance of tax and penalty, instead of insisting on the furnishing of Bank Guarantee or security, in Form XIX. The petitioner shall also pay the second installment of 12.5%, as directed by the Appellate Authority, within a period of seven days from the date of receipt of a copy of this order. If, either one of the conditions is not complied with by the petitioner, this order, granted by this Court, shall stand vacated, automatically, without further reference to this Court.
4. Accordingly, the writ petitions are disposed of, with the above directions. No costs. Consequently, connected miscellaneous petitions are also closed.
cs To
1.The Appellate Deputy Commissioner (CT) (FAC), Thanjavur.
2.The Assistant Commissioner (CT).
Kumbakonam IV Assessment Circle, Kumbakonam.