Heard Mr.P.Radhakrishnan, the learned counsel appearing for the petitioner and Mr.Pala Ramasamy, the learned Special Government Pleader appearing for the respondents. By consent of both the parties, the writ petition is 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 penalty amount to be paid by the petitioner, instead of furnishing a Bank Guarantee or security. In the present case, the Appellate Deputy Commissioner (CT)(FAC), Madurai(North), had ordered that the petitioner should furnish Bank Guarantee or sufficient security to the satisfaction of the Assessing Officer concerned, amounting to Rs.55,615/-, for the balance of tax and penalty and the remaining amount 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 18.12.2009. 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 amounting to Rs.55,615/-, 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 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, in respect of the balance of tax of Rs.17,810/-, and the entire penalty of Rs.37,805/-, instead of insisting on the furnishing of Bank Guarantee or security, in Form XIX.
4. The petitioner shall execute the personal bond, within a period of two weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of, with the above directions. No costs.
cs To
1.The Appellate Deputy Commissioner (CT) (FAC), Madurai (North), Madurai-20.
2.The Commercial Tax Officer, Tamilsangam Road Assessment Circle, Madurai - 20.